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Patna High CourtCR. MISC./4424/2024allowed

Jai Kant Paswan v. The State Of Bihar

2024-02-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4424 of 2024 Arising Out of PS. Case No.-434 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Jai Kant Paswan Son Of Nirdhan Paswan Resident Of Village- Samda, Ward No. 13, Ps- Sour Bazar, Distt- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 307, 354B, 379, 447, 504, 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, informant was in her courtyard then petitioner and Punam Devi entered into her house and started to abuse and assault her with dragging down the earth. Petitioner also assaulted on the head of the informant by means of spade and thereafter on gathering of local villagers, they fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old running land dispute. Both parties are agnate. There is no

Patna High Court CR. MISC. No.4424 of 2024(2) dt.08-02-2024 2/2 allegation of repetition of spade blow. Injury report shows that injured has received grievous injury caused by hard & blunt substance but allegedly petitioner has assaulted to injured by means of spade, Medical report is contradictory to the prosecution story. Petitioner has got no criminal antecedent and languishing in judicial custody since 4.8.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial magistrate 1st Class, Shahara in connection with Sour Bazar P.S. Case No. 434 of 2023.

(Sunil Kumar Panwar, J) sushma/- U