Jitendra Paswan @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57713 of 2022 Arising Out of PS. Case No.-54 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== Jitendra Paswan @ Jitendra Kumar Madan Mohan Paswan @ Mohan Paswan Resident of Village- Amauja, P.S.- Phulparas, District- Madhubani ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance:

For the Petitioner :

Mr. Ashok Kumar, Advocate For the Opposite Party :

Mr. Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 448, 341, 342, 323, 325, 307, 354(B), 379, 427, 504, 506, 34 of the Indian Penal Code and Section 27 of Arms Act.

Allegedly, the petitioner alongwith other accused persons abused and assaulted the informant and her family members with lathi, danda, rod, gun etc due to which they received injury. It is also alleged that the petitioner and other accused persons destroyed the motorcycle standing in the courtyard, broke the asbestos of the house, vessels of cattle feed. It is further alleged that some of the accused persons tried to outrage the modesty of her daughter and snatched ornaments. It is also alleged that they took the informant's dewar with them but he

Patna High Court CR. MISC. No.57713 of 2022(2) dt.20-12-2022 2/2 returned.

It is submitted by learned counsel for the petitioner that petitioner is has been falsely implicated in this case. Petitioner has no criminal antecedent. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is case and counter case between the parties. Nobody has found substantive injury.

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

Having regard to the facts and circumstances of the case, as there is land dispute between the parties and petitioner and informant are agnates, let the above named petitioner be released on bail, in the event of his 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 Phulparas P.S. Case No. 54 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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