Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9157 of 2022 Arising Out of PS. Case No.-99 Year-2021 Thana- BAKHTIARPUR District- Saharsa ====================================================== DILIP PASWAN Son of Late Rameshwar Paswan Resident of Village - Azad nagar Ganj, Ward No.5, P.s.- Simri Bakhtiyarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

Mr. Binod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-09-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehend his arrest in connection with Simri Bakhtiyarpur P.S. Case No. 99 of 2021 u/s 147/148/149/341/323/325/307/324/504 registered for the offences punishable under Sections 438 of the Indian Penal Code. As per allegation, seven persons of the family members named in the FIR of the informant had gone to newly built house of the informant where ten named accused persons including the present petitioner and 10-15 unknown armed with lathi, danda and dabiya etc. came there and they started assaulting them. The injured persons were brought to Primary Health Centre, Simri and they were referred

Patna High Court CR. MISC. No.9157 of 2022(2) dt.08-09-2022 2/2 to Sadar Hospital, Saharsa.

Learned counsel for the petitioner has submitted that there is previous enmity between both the parties regarding land dispute. The petitioner is a person of clean antecedent. There is case and counter case as mentioned in paragraph No. 8 of the petition. He has submitted further that the allegations are general and omnibus. There is no specific allegation on the petitioner to assault anybody. Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Simri Bakhtiarpur P.S. Case No.

99 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.