Dhananjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72557 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- KOTWA District- East Champaran ====================================================== DHANANJAY PASWAN S/O Shankar Paswan R/O Village- Bhopatpur, P.S.- Kotwa (Bhopatpur O.P.), Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-11-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehend his arrest in connection with Kotwa P.S. Case No. 143 of 2022 dated 16.04.2022 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 353, 332, 307, 427, 440, 447, 448, 504 and 506 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that altogether 32 persons including this petitioner have been named and 200-250 unknown persons have also been made accused in the FIR of instant matter and as per the allegation, the accused persons blocked the road and created nuisance keeping the dead body of deceased Ritesh Raj on the road and when the police party tried to pacify the matter then the assembled accused persons

Patna High Court CR. MISC. No.72557 of 2023(2) dt.09-11-2023 2/2 assaulted the police party but there is no specific allegation against this petitioner and he has got no criminal antecedent and the source by which the informant identified the petitioner, has not been revealed in the FIR.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions and mainly the nature of allegation appearing against the petitioner and his fair and clean antecedent, this court is inclined to accept the prayer for anticipatory bail of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Kotwa P.S. Case No. 143 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Maynaz/- U T