Nagendra Paswan @ Nagendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68790 of 2022 Arising Out of PS. Case No.-417 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Nagendra Paswan @ Nagendra Prasad S/O Late Ram Lakhan Prasad Resident Of Village- Alineura, P.S.- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar For the Opposite Party/s :

Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 504, 506 and 307/34 of the Indian Penal Code. As per prosecution case, petitioner along with other co-accused, armed with sharp cutting weapons and pistol, attacked the informant as a result of which he sustained injury on his on his head.

Learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is case and counter case between the

Patna High Court CR. MISC. No.68790 of 2022(2) dt.27-02-2023 2/2 parties in which both sides have sustained injuries. He further submits that the petitioner assaulted the informant by farsa on his head and injury was found simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State as well as learned counsel for the informant oppose prayer for bail and submits that there is specific allegation against the petitioner of assaulting the informant on his head. Hence, he does not deserve privilege of bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Minapur P.S. Case No. 417 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T