Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3563 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Santosh Paswan Son Of Late Musaharu Paswan Resident Of Village - Sahpur, P.S. - Khodawanpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024 1.

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, 307, 504, 506 and 34 of the Indian Penal Code and later on added Section 302 of the IPC.

3.

The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and he came to be implicated in the instant FIR with an allegation that he along with other accused persons named in the FIR assaulted the son of the informant, who later died during the course of treatment. The learned counsel for the petitioner submits that there is admitted land dispute between the parties as it has come during the course of investigation, further from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the petitioner. It is further submitted that similarly

Patna High Court CR. MISC. No.3563 of 2024(2) dt.13-02-2024 2/2 situated co-accused, namely, Devi Lal Paswan, Pramod Paswan, and Lakshmi Kumar had approached this court seeking anticipatory bail by filing Criminal Miscellaneous No. 75736 of 2023 and the same was allowed by a learned Coordinate Bench by an order dated 29-11-2023. The learned counsel thus submits that he is seeking anticipatory bail on the principles of parity. 4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Khodawanpur (chhorahi O.P) P.S. Case No. 192 of 2023 subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T