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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56549 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Rohit Paswan @ Rohit Kumar Paswan, S/o Triloki Paswan R/o VillageBandh Basti, P.S.- Sadar (Mabbi O.P.), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sameer Ranjan For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Darbhanga Sadar P.S. Case No.93 of 2019 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 504 of the Indian Penal Code.

The allegation against the petitioner as per First Information Report is that petitioner along with other accused persons assaulted the informant. It has further been alleged that petitioner assaulted the informant by means of Dabia on her head.

Mr. Sameer Ranjan, learned counsel appearing for the petitioner submits that the dispute between the parties has arisen due to construction of safety tank and the allegation of assault upon the informant has been levelled upon altogether nine persons. Learned

Patna High Court CR. MISC. No.56549 of 2019(2) dt.05-09-2019 2/2 counsel referred Annexure-2, which is injury report of the informant, and submits that from perusal of injury report, only one injury has been found on the head of the petitioner caused by hard and blunt substance which is simple in nature. Learned counsel thus submits that the allegation against the petitioner is of assault by sharp cutting weapon but the injury has been found by hard and blunt substance and injury report does not corroborate the allegation made against the petitioner. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that injury caused to the informant is simple in nature, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.