Subhash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79765 of 2019 Arising Out of PS. Case No.-275 Year-2019 Thana- RAHUI District- Nalanda ====================================================== SUBHASH PASWAN Son of Baso Paswan Resident of Village- Chandpura, P.S.- Rahui, (Wena), District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 323, 342, 354, 353, 307, 384 of the Indian Penal Code.

Allegation is that the accused persons came at the house of the informant and took away her husband and when her husband did not return, she and her son started searching him and in that course she heard hulla near railway gumti and when she went there she saw that the hands and feet of her husband were tied and the accused persons were assaulting him and when the informant

Patna High Court CR. MISC. No.79765 of 2019(4) dt.07-09-2020 2/2 requested to release him, accused Arun Paswan and petitioner caught her hand and started dragging her with ill intention. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Free fight is alleged to have taken place. No deadly weapon is alleged to have been used in course of occurrence. No grievous injury is said to have been caused by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Nalanda at Bihar Sharif in connection with Rahui (Wena) P.S. case No.275 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T