Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11854 of 2021 Arising Out of PS. Case No.-106 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== JITENDRA PASWAN Son of Shivbalak Paswan Resident of VillageKharaita, P.S. Choutham, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per allegations in the FIR, it is stated by the informant that the accused persons totalling 13 in number including the petitioner herein came over the disputed land. The petitioner gave a garasa blow on the head of his father as a result of which he sustained injuries.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner has been falsely implicated in the case over land dispute. There is case and counter case between the parties who are own 'gotiyas'. The petitioner is in custody since 3.10.2019, has no

Patna High Court CR. MISC. No.11854 of 2021(4) dt.02-09-2021 2/2 criminal antecedent and undertakes to abide by the conditions which may be laid by the Court for the release on bail. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody since 3.10.2019 ie. for 1 year 11 months, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.104 of 2020 (arising out of Chautham P.S. Case no.106 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge III, Khagaria.

It is directed that subject to the Covid 19 protocol as fixed by the learned trial Court, the petitioner shall remain physically present in Court on each date of trial and in case of the petitioner's absence or non-cooperation in the trial, the learned trial court will be at liberty to proceed for cancellation of the bail bond of the petitioner. (Partha Sarthy, J) Spd/- U T