Lal Bihari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37670 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== Lal Bihari Paswan, son of Ram Chandra Paswan, Resident of VillageChaknuruddin, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-07-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,323,379,324 and 504/34 of the IPC.

The prosecution case as per the FIR is that the informant Naveen Kumar was coming to his house on 9.3.2018 at 6.40 P.M. when five-six persons assaulted the informant and snatched Rupees Thirty Six Thousand rupees from the possession of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is the son of maternal brother of the informant. In the background of serious land dispute the accusation has been levelled. There is no recovery from the petitioner and this fact has transpired during investigation as has been recorded by the learned Sessions Judge in the impugned order. Statement has

Patna High Court Cr.Misc. No.37670 of 2018(2) dt.02-07-2018 2/2 been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP that the petitioner is named in the FIR.

Considering the fact that the accusation has been levelled in the background of land dispute and litigated relationship between the parties, which has been found during investigation and has been recorded by the learned Sessions Judge in the impugned order, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Samastipur in connection with Kalyanpur P.S. Case No.42 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U