Sushil Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76417 of 2024 Arising Out of PS. Case No.-33 Year-2021 Thana- SINDHIYA District- Samastipur ====================================================== Sushil Kumar Paswan son of Late Trivani Paswan @ Triveni Paswan villageNarkathi P.S -Singhia, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Singhiya PS case no. 33 of 2021, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 10.03.2021, the informant while returning from School and boarded the bus, petitioner along with other named accused persons entered into the bus and attacked on her with sticks, rods and pulled her down from the bus by holding her hair. They assaulted her with fists and slaps and also torn the cloth of the informant.

4.

Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.76417 of 2024(2) dt.14-11-2024 2/2 petitioner has not committed any offence in the manner alleged and the police, after investigation, submitted charge-sheet against three accused persons, exonerating the petitioner and has not found the case true against him. However, learned Magistrate differed with the police report and has taken cognizance against the petitioner in mechanical manner.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that police, after investigation, submitted final form not sending the petitioner for trial, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Rosera, Samastipur in connection with Singhiya PS case no. 33 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T