Patna High CourtCR. MISC./59881/2023bail granted

Santosh Paswan v. The State Of Bihar

2023-09-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59881 of 2023 Arising Out of PS. Case No.-449 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Santosh Paswan, aged about 32 years, Male, son of Late Mishri Paswan, resident of Village- Kumahrua, P.S.- Rajauli, Dist- Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Rajauli P.S. Case No. 449 of 2021 dated 05.09.2021 registered for the offences punishable under Sections 341, 323, 353, 504 and 506/34 of the Indian Penal Code.

4. As per the prosecution case, when the informant was on duty at his work place in 'Chaphel Reserved Forest' and he saw that all the accused persons including the petitioner were

Patna High Court CR. MISC. No.59881 of 2023(2) dt.27-09-2023 2/3 carrying wood pieces on bicycle after cutting green tree from the forest and when the informant and one Sunil Kumar wanted to seize the said wood pieces then they abused and assaulted them and thereafter they fled away with giving threatening of dire consequences.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and 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. It is further submitted that there is no injury report on the record in the present case. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Rajauli P.S. Case No. 449 of 2021,

Patna High Court CR. MISC. No.59881 of 2023(2) dt.27-09-2023 3/3 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T