Jeewan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85120 of 2023 Arising Out of PS. Case No.-160 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== Jeewan Paswan Son Of Laxmi Paswan R/O Village- Khangaon, P.S.- Pandaul, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 327, 307, 379, 504, 505/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant by means of sword.

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 there is case and counter case between the parties. He further submits that there is admitted land dispute between the parties and both parties are agnates. He also submits that the nature of

Patna High Court CR. MISC. No.85120 of 2023(2) dt.15-01-2024 2/2 the injury is not mentioned in the case diary. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case and the fact that there is case and counter case between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Pandaul P.S. Case No. 160 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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