Shyamlal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48464 of 2016 Arising Out of PS.Case No. -147 Year- 2016 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== Shyamlal Paswan S/o Late Badri Paswan, Vill.- Thumha, P.S. Rohtas, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-12-2016 Heard the counsel for the petitioner, the informant and Mr. Tanti, APP for the State.

The petitioner prays for grant of bail in Rohtas P.S. Case No. 147 of 2016 registered under sections 354 & 307 IPC. From the FIR, it appears that owing to a dispute relating to the possession of the land, the occurrence has taken place in which the allegation is that all the ten accused persons assaulted the informant and few other family members with Lathi and Danda.

Counsel for the petitioner submits that the injuries sustained by all the injureds are simple in nature. Actually, the petitioner was issued a Parcha of a land which was not being allowed to be possessed by the present prosecution side. The elder

Patna High Court Cr.Misc. No.48464 of 2016 (2) dt.02-12-2016 2/2 brother of the petitioner also lodged a case in relation to the said occurrence vide Annexure-2 in which the elder brother and other family members similarly received injuries in which the accuseds of the case have been granted the privilege of bail. The petitioner is in custody since 05.08.2016.

Counsel for the informant, on the other hand, submits that the litigation with regard to grant of Parcha is being contested in court. The petitioner has some criminal antecedents. Looking to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of SDJM, Dehri-on-Sone, Rohtas in Rohtas P. S. Case No. 147 of 2016 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T