Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59342 of 2024 Arising Out of PS. Case No.-293 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Rajesh Paswan Son of Bineshar Paswan Village- Gobariya, P.S.- Rahui, Dist.- Nalanda ... ... 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.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Rahui P.S. Case no. 293 of 2024 registered under sections 307, 341, 323, 337, 379 and 504 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the petitioner who happens to be his younger brother assaulted his wife with punch as also assaulted him with a brick. He also took away a golden chain from his wife's neck. The informant finally states that reason for the occurrence is the dispute over partition in the family.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The petitioner and the informant happen to be full brothers and the reason of

Patna High Court CR. MISC. No.59342 of 2024(2) dt.19-09-2024 2/2 false implication as is evident from the contents of the F.I.R itself is property dispute between the brothers. Manner of occurrence is other than what has been alleged in the F.I.R. Even otherwise the so called injuries have been found to be simple in nature. The petitioner has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the relationship between the parties, the injuries having been found to be simple in nature and the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Rahui P.S. Case no. 293 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateII, Nalanda at Bihar Sharif. (Partha Sarthy, J) Harsh/- U T