Satyendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84186 of 2024 Arising Out of PS. Case No.-287 Year-2024 Thana- MADANPUR District- Aurangabad ====================================================== Satyendra Paswan S/O Late Parikha Paswan Resident of Village-Chariya, P.SMadanpur, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard Mr. Ashok Kumar Singh, 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 Madanpur P.S. Case No. 287 of 2024 registered for the offences punishable under Section 109/3(5) of the Bharatiya Nyaya Sanhita, 2023 and subsequently converted to 103(1) Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, all the FIR named accused persons including this petitioner brutally assaulted the informant's brother, as a result of which, brother of informant sustained multiple fracture injuries and during course of treatment, he died.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.84186 of 2024(2) dt.16-12-2024 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 there is no eye-witness in the present case, merely on the basis of suspicion the petitioner has been made accused in the present case. The petition has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that specific overt act has been attributed against the petitioner.

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