Bali Paswan @ Gholatan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19950 of 2024 Arising Out of PS. Case No.-99 Year-2021 Thana- SALIMPUR District- Patna ====================================================== Bali Paswan @ Gholatan Son Of Dwarik Paswan Resident Of VillageBahapur, Ps- Salimpur Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Sharma, Advocate For the Opposite Party/s :
Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Salimpur P.S. case No. 99 of 2021 instituted for the offences under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.
3. Prosecution case, in short, is that when the informant was returning, the two accused persons including this petitioner assaulted him by means of lathi-danda. It is further alleged that the petitioner gave iron rod blow on the head of the informant due to which he became unconscious and fell on the ground.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.19950 of 2024(3) dt.01-05-2024 2/3 petitioner has falsely been implicated in the present case. He further submitted that the prosecution case is false and concocted and has been hatched up with ulterior motive because of previous land dispute between the parties for which a title suit is pending in the Court of Sub-Judge, Barh. Charge-sheet has already been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.12.2023 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that there is specific allegation against this petitioner of giving iron rod blow on the head of the informant. He further submitted that doctor has opined that the injury no.1 sustained by the informant is grievous in nature caused by hard and blunt substance which supports the manner in which the occurrence took place, and as such, the petitioner does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail
Patna High Court CR. MISC. No.19950 of 2024(3) dt.01-05-2024 3/3 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 Salimpur P.S. case No. 99 of 2021. (Rudra Prakash Mishra, J) Alok Verma/- U T