Vikash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71539 of 2024 Arising Out of PS. Case No.-242 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== VIKASH PASWAN S/O- GULAB CHAND PASWAN @ GULABCHAND PASAVAN Village- Barej Po- Belauri @ Belondi Ps-Mohaniaya Dist- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar Seth, Adv For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard Mr. Vinod Kumar Seth, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State. 2.

The petitioner apprehends his arrest in connection with Mohania P.S. Case No.242 of 2024, registered for the offence punishable under Sections 341, 323, 307, 379, 34 of the Indian Penal Code.

3.

As per the FIR, petitioner and the father of the petitioner assaulted the informant by means of lathi and danda due to which the informant was injured.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has 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

Patna High Court CR. MISC. No.71539 of 2024(2) dt.23-10-2024 2/2 omnibus in nature. There is no specific overt act against the petitioner. There is a case and counter case between the parties and both sides have sustained injuries. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is specific allegation against the petitioner to assault the informant due to which he sustained grievous injury.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

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