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Patna High CourtCR. MISC./74032/2022allowed

Shambhoo Paswan @ Akash Paswan @ Akash Kumar v. The State Of Bihar

2023-03-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74032 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== SHAMBHOO PASWAN @ AKASH PASWAN @ AKASH KUMAR SON OF LATE RAMANAND PASWAN R/O VILLAGE- IMADPUR SULTAN, P.S.- GANGA BRIDGE, DISTRICT- VAISHALI AT HAJIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 74032/2022 Heard the parties.

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Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 147, 148, 149, 447, 385, 341, 323, 307, 354(B), 379, 427, 504 & 506 of the IPC. Allegedly, the petitioner is said to have assaulted the informant on his head on account of demand of extortion money.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case only on suspicion. Petitioner has three criminal antecedent. There is general and omnibus allegation against the petitioner. As per allegation, the petitioner is said to have assaulted the

Patna High Court CR. MISC. No.74032 of 2022(2) dt.23-03-2023 2/2 informant by means of lathi (hard and blunt) substance and injury was found simple in nature, which is clear from the impugned order itself. It is further submitted that earlier the petitioner has filed a case against the informant and the present case is the counter-blast of the earlier case filed by the petitioner (Annexure-2).

Considering the aforesaid facts and circumstances, since the injury is simple in nature, 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, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Ganga Bridge P.S. Case No.97 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T