Shambhu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12107 of 2024 Arising Out of PS. Case No.-68 Year-2020 Thana- SIKANDRA District- Jamui ====================================================== Shambhu Paswan S/o Mahendra Paswan R/o Vill - Chitauni, P.S. - Sikandra, Dist. - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. Learned counsel for the petitioner is permitted to make necessary correction in paragraph No. 4 of the application in course of the day.
3. The petitioner seeks bail in Sikandra P.S. case No. 68 of 2020 instituted for the offences under Sections 147, 148, 149, 307, 504, 506, 324 and 325 of the Indian Penal Code..
4. Prosecution allegation, in short, is that the accused persons came to the door of the informant and assaulted the informant due to which she sustained injuries.
Patna High Court CR. MISC. No.12107 of 2024(2) dt.04-03-2024 2/3 It is further alleged that when Sabujawa Devi came in rescue of the informant then petitioner along with one coaccused assaulted her with sword due to which she sustained head injury.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. There is a case and counter case between the parties in which both parties sustained injuries. Learned counsel for the petitioner submits that as per the allegation, the petitioner assaulted Sabujwa Devi with sword but from perusal of injury report, it appears the Sabujwa Devi sustained lacerated wound injury which is not of sharp cut weapon. Thus the injury report does not corroborate with the allegation made in the F.I.R. The petitioner is in custody since 27.10.2023 and has no criminal antecedent.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant
Patna High Court CR. MISC. No.12107 of 2024(2) dt.04-03-2024 3/3 bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sikandra P.S. case No. 68 of 2020.
(Rudra Prakash Mishra, J) Pankaj/- U T