Deepak Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64936 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== DEEPAK PASWAN S/O KANHAIYA PASWAN R/O VILLAGEMATIYARI WARD NO. 02, P.S- FORBESGANJ, DISTT.- ARARIA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP.

Mr. Shivesh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in Forbesganj P.S. Case No. 31 of 2023 registered for the offences punishable under Sections 147, 341, 323, 324, 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. There is allegation against the petitioner that he along with other co-accused persons assaulted the informant's side brutally. Petitioner assaulted the informant's father by means of an iron rod on his eyes and head due to which he died during treatment.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.64936 of 2023(2) dt.31-10-2023 2/2 falsely implicated in this case due to ulterior motive. There is admitted land dispute between the parties. The allegation levelled against the petitioner is totally false and based on concocted facts. The informant's father died in natural way and for illegal gain, petitioner and other co-accused persons have been made accused in the present case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that there is serious allegation against the petitioner to assault the informant's father by means of iron rod due to which he died during treatment, hence he does not deserve anticipatory bail.

6. Having regard to the facts and circumstances of the case, as there is serious allegation against the petitioner, I am not inclined to enlarge him on anticipatory bail.

7. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T