Haridwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80503 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- KRISHNAGARH District- Bhojpur ====================================================== Haridwar Paswan S/O Raj Kumar Paswan @ Raj Kumar Ram R/O Vill.- Jhokipur, PS-Krishnagarh District- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Krishnagarh PS case no. 39 of 2024, disclosing offences punishable under Section 379 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that all accused persons assaulted the informant with lathi and the petitioner along with co-accused Ravi Paswan assaulted the son-in-law of the informant on his head by daab. 4.

Learned Counsel for the petitioner submits that both parties are co-villagers and occurrence has taken place on the issue of firing during the marriage ceremony. Learned counsel further submits that the injury caused to the victim is not serious in nature,

Patna High Court CR. MISC. No.80503 of 2024(2) dt.10-12-2024 2/2 as per the report of C.T. Scan 5.

On the other hand, learned counsel for the informant opposed the prayer for anticipatory bail and submits that the petitioner has assaulted on the head of the victim, which is a vital part of the body, as such he does not deserve privilege of anticipatory bail.

6.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are co-villagers, occurrence has taken place due to some scuffle which took place in the marriage ceremony and no serious injury has been caused to the victim, I am inclined to grant the privilege of anticipatory bail to the petitioner. 7.

This application is, accordingly, allowed.

8.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Krishnagarh PS case no. 39 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T