Patna High CourtCR. MISC./84262/2023dismissed

Chhotu Paswan v. The State Of Bihar

2024-01-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84262 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- BARARI District- Katihar ====================================================== Chhotu Paswan S/O Yuvraj Paswan R/O Village- Sukhasan, P.S- Barari, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Musowir, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard Mr. Musowir, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Barari (Semapur O.P.) P.S. Case No. 183 of 2023 registered for the offences punishable under Sections 341, 342, 323, 324, 307, 353 of the Indian Penal Code pending in the Court of learned A.C.J.M.-IIIrd, Katihar, District- Katihar.

3. As per the prosecution case, informant along with police officials raided the house of one Ritesh Kumar Paswan in connection with Barari P.S. Case No. 154/2023. In that course, 4-5 persons arrived there and confined him in a room where they brutally assaulted them with intention to kill.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.84262 of 2023(2) dt.11-01-2024 2/2 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 the injury report of the informant shows that the injuries are simple in nature caused by hard and blunt object. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is said to have assaulted the police personnel. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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