Praveen Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.693 of 2023 Arising Out of PS. Case No.-303 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== PRAVEEN PASWAN Son of Bhushan Paswan Resident of Village- Dakra, P.S.- Ramgarh Chowk, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s :
Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr.Kumar Virendra Narayan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 303 of 2022 registered for the offences punishable under Sections 448, 341, 323, 325, 379, 307, 427, 504 and 506/34 of the Indian Penal Code.
The allegation is regarding the accused persons including the petitioner herein, variously armed, having arrived at the house of the informant in the night of 15.04.2022, whereafter they had abused the informant and as far as the petitioner is concerned, he is stated to have assaulted the younger brother of the informant,
2/4 namely, Kamleshwari Paswan with Tangi resulting in him being seriously injured.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the present case arises out of case and counter case and moreover, the dispute has arisen on account of land dispute, nonetheless, the petitioner is ready and willing to abide by such conditions as may be deemed fit and proper to be imposed for the purposes of grant of anticipatory bail.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the present case arises out of case and
3/4 counter case and all the family members of the petitioner have been arrayed as accused in the connected criminal case filed by the informant apart from the fact that the petitioner is having a clean antecedent, though I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, however, subject to certain conditions.
Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 303 of 2022 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
It is needless to state that the petitioner would mark his attendance before the Officer InCharge of the concerned Police Station at 10:30
4/4 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody, forthwith.
(Mohit Kumar Shah, J) S.Sb/sonalU T