Patna High CourtCR. MISC./4579/2024bail granted

Suresh Paswan v. The State Of Bihar

2024-02-26Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4579 of 2024 Arising Out of PS. Case No.-554 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Suresh Paswan S/o - Nathun Paswan Resident of Village - Mohaddinagar, P.S.-Masaurhi, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Jha, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-02-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Masaurhi P.S Case No. 554 of 2023 dated 06.08.2023 registered for the offence punishable u/s 341, 323, 325, 307, 504/34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant on his head by means of lathi and danda. The co-accused Nitish Kumar assaulted on the head of the informant's father with iron

Patna High Court CR. MISC. No.4579 of 2024(3) dt.26-02-2024 2/3 rod causing head injury. The co-accused Navlesh Kumar also assaulted on the head of the informant's uncle with iron rod causing injury.

5. Learned counsel for the petitioner has submitted that the petitioner is quite innocent and has falsely been implicated in this case. The petitioner has committed no offence as alleged in the F.I.R. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has further submited that the specific allegation of assault is against co-accused persons. There is no specific allegation of assault against the petitioner. The allegation against the petitioner is general and omnibus in nature. Learned counsel has further submitted that there is a case and counter case between the parties and the petitioner side also lodged a F.I.R. bearing Masaurhi P.S. Case No. 556 of 2022 against the informant and his family members and as per the F.I.R. itself, there is a land dispute between the parties.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the

Patna High Court CR. MISC. No.4579 of 2024(3) dt.26-02-2024 3/3 event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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, Masaurhi in connection with Masaurhi P.S. Case No. 554 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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