Mithlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75873 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- MEHANDIA District- Jehanabad ====================================================== Mithlesh Paswan S/O- Mohar Paswan R/O- Village- Belsar Narak Bigha, P.S.- Mehandiya, Dist.- Arwal ... ... Petitioner/s

Versus

The State Of Bihar Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Mehandiya P.S. Case No. 26 of 2023 dated 30.01.2023 registered for the offence/s punishable u/ss 147, 149, 341, 323, 324, 307, 337, 338, 504, 506 of the Indian Penal Code.

4. As per the prosecution case, the co-accused person, Chandan Paswan is alleged to have assailed to his father with leg behind the back due to that his father dashed with the trolley

Patna High Court CR. MISC. No.75873 of 2023(2) dt.14-12-2023 2/3 and his six teeth were broken and the petitioner Mithlesh Paswan assaulted on his head with lathi causing injury and he became unconscious.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel has further submitted that there is case and counter case between the parties. There is a delay of two days in lodging the FIR. Learned counsel has further submitted that an altercation took place and during that altercation the father of the informant accidentally dashed with the trolley as a result he received injury on his head. The allegation of assaulting on his teeth is against Chandan Paswan. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Arwal in connection with Mehandiya P.S. Case No. 26 of 2023, subject to

Patna High Court CR. MISC. No.75873 of 2023(2) dt.14-12-2023 3/3 conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T