Santosh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86712 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== Santosh Paswan S/O Raghunath Paswan R/O Vill.- Ghorghat, P.S- Bariyarpur, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Arpana Kumari For the Opposite Party/s :
Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Bariyarpur P.S. Case No. 151 of 2024 registered for the offences punishable under Sections 109, 352, 3(5) of the B.N.S. and Section 27 of Arms Act.
3. As per the prosecution case, the informant alleged that all the accused persons including the petitioner have abused him and on the instigation of the co-accused persons, the petitioner fired upon the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.86712 of 2024(2) dt.08-01-2025 2/2 there is admitted previous dispute between the parties. The petitioner has one criminal antecedent of similar nature i.e. of Arms Act as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for anticipatory bail and submits that there is specific allegation against the petitioner of firing on the informant.
6. Considering the facts and circumstances of case and the fact that petitioner has one criminal antecedent of similar nature, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) anand/- U T