Bhattu Paswan @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72641 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Bhattu Paswan @ Satish Kumar S/O Khelawan Paswan Village- Shahbajpur, Ps. Asthawan, Dist. Nalanda ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Asthawan P.S. Case No. 114 of 2023 dated 27.04.2023 instituted for the offence punishable under Sections 341, 323, 379 of the Indian Penal Code.

3. Allegation against the petitioner is that he assaulted the informant and snatched mobile and Rs. 11,500/- in cash from him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is the student of B.A. Part II in Sada Nand College, Biharsharif, Nalanda. Learned counsel for the petitioner submits that due to quarrel between children in course of playing cricket, the said incident has taken place. Nothing incriminating has been recovered from his possession nor from his

Patna High Court CR. MISC. No.72641 of 2023(3) dt.29-02-2024 2/2 house. It is also submitted that the informant had also filed a case bearing Asthawan P.S. Case No. 117 of 2023 under Section 341, 323, 307, 379, 504 of the Indian Penal Code, against the petitioner. Lastly, it has been submitted that petitioner has one criminal case against him, which has been lodged by the present informant as stated above.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Asthawan P.S. Case No. 114 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class Nalanda at Biharsharif subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T