Rajan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74574 of 2022 Arising Out of PS. Case No.-292 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== RAJAN PASWAN Son of Rajesh Paswan Resident of Village - Mostipur, P.S.- Bodh Gaya, District - Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 354, 337, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that on 30.05.2022 at about 7:30 AM, while husband of informant was looking after the work of construction of wall on his land, the F.I.R. named accused persons including this petitioner reached there and started doing video recording and assaulted him. It is further alleged that on 31.05.2022, a villager namely Raj Kumar, who was coming from Gali (street), was assaulted by the accused persons and when ladies came to save him, the accused persons also assaulted and teased them and thereafter, started brickbatting and opened fire, but anyhow, informant and her family members could save their life.

Patna High Court CR. MISC. No.74574 of 2022(2) dt.24-03-2023 2/2 It is submitted on behalf of petitioner that land dispute is admitted between the parties. The present case is counter blast of Bodh Gaya P.S. Case No. 291 of 2022, which is earlier in point of time, and lodged against informant & others and only to save their skin from that case, this false case has been lodged. Though, there is allegation of assault, but there is no injury report on the record. It is further submitted that there is delay of two days in lodging the present case.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 J.M. 1st Class, Gaya in connection with Bodh Gaya P.S. Case No. 292 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T