Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61265 of 2022 Arising Out of PS. Case No.-254 Year-2020 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== SUNIL PASWAN Son of Pappu Paswan Resident of Village - Dih Kalna, P.S.- Kusheshwarasthan, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard the parties.

Learned counsel for the petitioner filed a supplementary affidavit in the Court. Let the same be accepted and kept on record.

The petitioner apprehend his arrest in connection with Kusheshwar Asthan P.S. Case No.254 of 2020 registered for the offence punishable under sections 147, 148, 341, 323, 307, 354, 504, 506 of the Indian Penal Code.

The prosecution story in short is that the petitioner used to tease the daughter of the informant while she went to tution classes. It is alleged that the informant went to the house of the petitioner and complained about the conduct of the petitioner to his mother. It is further alleged that the petitioner alongwith

Patna High Court CR. MISC. No.61265 of 2022(3) dt.23-01-2023 2/3 other co-accused persons forcibly entered the house of the informant and assaulted the informant's side by means of several weapons.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He 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. There is no specific overt act against the petitioner. He further submits that similarly situated co-accused persons have been granted anticipatory bail by the court below itself. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner to tease the daughter of informant. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

However, petitioner is directed to surrender before the learned court below within a period of four weeks from today, and seek for regular bail and the learned court below would pass

Patna High Court CR. MISC. No.61265 of 2022(3) dt.23-01-2023 3/3 the order preferably on the same day, in accordance with law. (Anjani Kumar Sharan, J) shikha/- U T