Kanhaiya Kumar @ Kanhaiya Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56420 of 2023 Arising Out of PS. Case No.-273 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Kanhaiya Kumar @ Kanhaiya Kumar Paswan S/o Late Vijay Paswan Resident of Village-Karor, Khanjhapur, P.S.-Cheriya Bariyarpur, DistrictBegusarai ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2023 1.

Heard the learned counsel for the petitioner and learned APP for the State.

2.

This is an application for grant of anticipatory bail in connection with Cheriya Bariyarpur P.S. Case No.273 of 2022, registered for offences under Sections 341, 323, 307, 504, 354, 379, 506/34 of the IPC.

3.

The allegation is regarding the petitioner having arrived at the informant's place on motorcycle, whereafter the petitioner is stated to have abused and repeatedly assaulted the informant with the butt of countrymade pistol, causing grievous head injuries upon the informant.

Patna High Court CR. MISC. No.56420 of 2023(2) dt.30-08-2023 2/3 4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the injury, whatsoever sustained by the informant has been found to be simple in nature and the same can be verified by the learned trial court.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and according to him, the injuries sustained by the informant have been found to be simple in nature, though I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, however, subject to verification of the injuries

Patna High Court CR. MISC. No.56420 of 2023(2) dt.30-08-2023 3/3 sustained by the informant by the learned Trial Court, in order to ascertain as to whether the injuries sustained by him are simple in nature or not and further subject to such other condition as may be deemed fit and proper to be imposed for the purpose of grant of anticipatory bail to the petitioner herein by the learned Court of ACJM, Manjaul, District-Begusarai in connection with Cheriya Bariyarpur P.S. Case No.273 of 2022.

7.

Accordingly, the present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U T