Nirmal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6706 of 2024 Arising Out of PS. Case No.-527 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Nirmal Paswan Son of Ramayan Paswan Resident of village-Suraundha Coloney, P.S.-Koilwar, Distt.-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Koilwar P.S. Case No. 527 of 2023, registered for the offences under Sections 341, 323, 325 and 307/34 of the Indian Penal Code.

3. As per prosecution case, on account of leakage from the water pipe dispute arose and petitioner assaulted the informant with iron rod on her head causing its fracture. When the daughter of the informant tried to intervene, the petitioner assaulted her with danda also causing fracture on her head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner and the informant belong to the same family and

Patna High Court CR. MISC. No.6706 of 2024(2) dt.20-02-2024 2/3 dispute arose on a minor issue. The injuries on the victims are simple and superficial. There was no intention to cause death of any person and there was no repetition of blow. The petitioner and the informant are brother-in-law and sister-in-law. Petitioner is having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-serious nature of injury and also considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara/court concerned in connection with Koilwar P.S. Case No. 527 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.6706 of 2024(2) dt.20-02-2024 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T