Dismissed

Raja Paswan @ Raja Kumar v. the State of Bihar

Patna HC12 Jul 2022CR. MISC./3197/2022

Case brief

AI extract

What is this about?

ANTE Answers: The petitioner sought anticipatory bail in a criminal case involving offences under the Indian Penal Code and the Arms Act. The High Court declined to grant relief pending defects removal. The petitioner is directed to surrender and seek regular bail. The relief granted is the dismissal of the bail application with a direction to surrender.

What did the court decide?

Anticipatory bail rejected. Petitioner directed to surrender within six weeks and seek regular bail from the lower court.

Raja Paswan @ Raja Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3197 of 2022

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Arising Out of PS. Case No.-987 Year-2021 Thana- HAJIPUR SADAR District- Vaishali

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======================================================

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RAJA PASWAN @ RAJA KUMAR Son of Lal Bachan Paswan Resident of Village - Kutuapur Kothi, P.S.- Hajipur Sadar, Distt.- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar For the Opposite Party/s : Mr. Md. Ataur Rahman ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 12-07-2022

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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The petitioner apprehends his arrest in Sadar P.S. Case No. 987/2021 registered for the offences punishable under Section 399, 402, 414 & 341 of the Indian Penal Code and Section 25 (1-b)a/26/35 of the Arms Act pending in the Court of learned C.J.M., Vaishali at Hajipur.

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It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been

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Patna High Court CR. MISC. No.3197 of 2022(2) dt.12-07-2022 2/2

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falsely implicated in this case on the confessional statement of apprehended co-accused. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

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Learned APP for the State vehemently opposing the bail petition submitted that from perusal of the impugned order it appears that the petitioner was also involved in the said occurrence, hence, he does not deserve anticipatory bail.

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Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order considering the fact that there is no recovery from the conscious possession of the petitioner.

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(Anjani Kumar Sharan, J)

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Trivedi/-

Raja Paswan @ Raja Kumar v. the State of Bihar

Case brief

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Raja Paswan @ Raja Kumar v. the State of Bihar

Case brief

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