Akhilesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82199 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== Akhilesh Paswan S/o- Vijay Paswan Resident of village- Chaita Maharani Tola Ward No- 04 PS- Pakaridayal District-East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Adv.

For the State :

Mr. Vinod Shanker Modi, APP.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 342, 307, 324, 323, 504, 379/34 of the Indian Penal Code.

3. The allegation levelled in the FIR is that all the FIR named accused persons including the petitioner hurled abuses upon the informant and assaulted him indiscriminately by means of lathi and knife. The specific allegation against this petitioner is that he gave a blow of knife on the chest of the informant.

4. Learned counsel for the petitioner submits that the allegations levelled in the FIR are not correct and as a matter of fact, the petitioner and the informant are next door neighbours and also close agnates. There is an admitted land dispute between the parties. It is further submitted that the injury report has been called for and the same is available on record which

Patna High Court CR. MISC. No.82199 of 2024(3) dt.28-04-2025 2/2 shows that the informant has received one lacerated injury on his chest, but the nature of the said injury is said to be simple in nature. Learned counsel for the petitioner further submits that the presence of a single injury on the person of the informant also goes to show that the allegations made in the FIR are not correct.

5. Learned APP for the State opposes the prayer for bail

6. Considering the facts and circumstances of the case and particularly that the injury caused by the petitioner is simple in nature, I am inclined to extend the privilege of anticipatory bail to the petitioner, who has no criminal antecedent. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four 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, East Champaran at Motihari in connection with Pakridayal P.S. Case No. 08 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.

(Soni Shrivastava, J) divyanshi/- U T