Jitendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19399 of 2025 Arising Out of PS. Case No.-46 Year-2024 Thana- SAHIYARA District- Sitamarhi ====================================================== Jitendra Paswan S/O Virendra Paswan R/O Village- Dayan Chhapra, P.SSahiyara, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Adv Smt. Divya Bharti, Adv For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Sahiyara P.S Case No. 46 of 2024 registered for the offences punishable under Sections 341, 323, 324, 307, 354B, 379, 504, 506 and 34 of the Indian Penal Code.
3. As per allegation in the FIR, petitioner along with other accused persons have assaulted the informant's husband with lathi danda and rod as well as sword as a result, leg of the informant's husband got fractured and sustained injuries.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is named in the FIR but petitioner was
Patna High Court CR. MISC. No.19399 of 2025(2) dt.16-04-2025 2/3 not seen at the place of occurrence at any point of time. He also submits that informant herself admitted that there is money dispute between the family of the petitioner and informant. It is also submitted that petitioner is in judicial custody since 02.11.2024 and possesses two criminal antecedent. He further submits that other co-accused has been granted bail vide order dated 20.11.2024 in Cr. Misc. No. 60689 of 2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order dated 02.01.2025, it appears that there is lacerated wound on the body of the injured and as per 29 of the case diary, injury report of the injured shows that the injuries are grievous in nature, but petitioner and informant has amicably settled their dispute and filed compromise petition in the court below which is annexed as Annexure-3 to this petition and keeping the fact that one of the co-accused has been granted bail by the co-ordinate Bench of this Court, and submissions made on behalf of the learned counsel for the petitioner, let the above named 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 learned Judicial Magistrate, 1st Class, Sitamarhi,
Patna High Court CR. MISC. No.19399 of 2025(2) dt.16-04-2025 3/3 in connection with Sahiyara P.S Case No. 46 of 2024 (Ramesh Chand Malviya, J) Sunnykr/- U