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Patna High CourtCR. MISC./81490/2023dismissed

Raushan Paswan @ Raushan Kumar @ Raushan v. The State Of Bihar

2024-03-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81490 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAUSHAN PASWAN @ RAUSHAN KUMAR @ RAUSHAN S/O LATE RANJIT PASWAN RESIDENT OF VILLAGE- RUPDIH, P.S. MUFFASIL, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Muffasil P.S. Case No.174/2023, registered for the offence punishable u/s 147, 149, 341, 323, 325, 307, 302, 379, 452 of the Indian Penal Code.

3.

Allegation against the petitioner is that he alongwith other co-accused persons brutally assaulted the grandmother of the informant by means of butt of pistol and she died in the hospital. 4.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence as alleged in the FIR. There is general and omnibus allegation against the petitioner. No such occurrence, in the manner as

Patna High Court CR. MISC. No.81490 of 2023(3) dt.07-03-2024 2/2 alleged, has ever taken place. Petitioner has no criminal antecedent and other co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No.46231/2023 passed on 08.09.2023.

5.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioner by submitting that there is specific allegation against the petitioner to have assaulted the grandmother of the informant and she died during treatment. 6.

Having considered the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for grant of bail on his behalf is here by rejected.

7.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T