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Patna High CourtCR. MISC./56303/2023allowed

Rohit Paswan v. The State Of Bihar

2024-01-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56303 of 2023 Arising Out of PS. Case No.-357 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== ROHIT PASWAN S/O- LUTAN PASWAN R/O- VILLAGE- AGNI, P.S.- DAUDNAGAR, DIST- AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aman Vishal For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 308, 379, 506, 34 of the Indian Penal Code.

3. Allegedly, the petitioner assaulted with iron rod on the head of the informant due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that the learned Court below has rejected the bail application of the petitioner only on the ground

Patna High Court CR. MISC. No.56303 of 2023(5) dt.16-01-2024 2/2 that there is specific allegation against him to cause head injury on the informant. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the dimension of the injury mentioned in the injury report, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Daudnagar P.S. Case No.357 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T