Patna High CourtCR. MISC./68940/2023dismissed

Raj Kumar Paswan v. The State Of Bihar

2024-01-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68940 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== Raj Kumar Paswan Son Of Bharat Paswan Resident Of VillageChamarbaddha, Ward No. 5, Police Station-Khanpur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 354, 379, 307, 427, 504, 506 and 34 of the Indian Penal Code.

3. Petitioner is said to have assaulted the son of the informant with iron rod causing injury on his head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that occurrence took place on 23.07.2023 but the FIR has been lodged on 25.07.2023 after delay of 2 days without explaining any reasonable cause of delay. He submits that there is case and counter case between the parties. He further submits that petitioner has no criminal

Patna High Court CR. MISC. No.68940 of 2023(3) dt.25-01-2024 2/2 antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail submits that the injury found upon the victim is grievous in nature.

6. Considering the nature of injury, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Khanpur P.S. Case No. 197 of 2023.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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