Patna High CourtCR. MISC./85263/2023bail granted

Jitendra Paswan v. The State Of Bihar

2024-01-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85263 of 2023 Arising Out of PS. Case No.-311 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== JITENDRA PASWAN SON OF JAGDISH PASWAN RESIDENT OF VILLAGE - MIRPUR, P.S. - CHIRAIYA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Chiraiya P.S. Case No. 311 of 2023 dated 25.06.2023 registered for the offence/s punishable u/ss 341, 323, 307, 379, 504 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is of assaulting with iron rod on the head of the informant causing injury. Thereafter, the other co-accused also assaulted him with intention to kill and snatched golden Hanumani locket. They also assaulted the uncle of the informant with lathi, Danda and snatched Rs. 10,000/-.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.85263 of 2023(2) dt.30-01-2024 2/2 As per the impugned order, the informant sustained lacerated wound on left occipital region with abrasion straight. As per the injury report, the injury is stated to be simple in nature. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances as well as the injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sikarahana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 311 of 2023 , subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T