Patna High CourtCR. MISC./64038/2022bail granted

Rajkumar Paswan v. The State Of Bihar

2023-03-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64038 of 2022 Arising Out of PS. Case No.-317 Year-2022 Thana- BARH District- Patna ====================================================== RAJKUMAR PASWAN S/O LATE KAMESHWAR PASWAN Resident of village- Atnawan, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 379, 427 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, the informant got information that this petitioner along with 4-5 unknown persons are destroying his Mung crops and when he protested the petitioner started abusing him and also threatened him. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that petitioner has taken the land in question on lease from Rekha Devi and is cultivating the land peacefully. All sections are bailable except 379 of I.P.C which is only a super addition to make the offence serious. There is no

Patna High Court CR. MISC. No.64038 of 2022(2) dt.23-03-2023 2/2 allegation of any specific overt act against this petitioner. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Barh, Patna in connection with Barh PS case No. 317/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T