Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21526 of 2020 Arising Out of PS. Case No.-43 Year-2020 Thana- ALAMNAGAR District- Madhepura ====================================================== SANJAY PASWAN S/o Mohan Paswan R/o Village- Alamnagarr, Ward No.11, P.S.- Alamnagar, Distt- Madhepura.

... ... Petitioner.

Versus

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

For the Petitioner :

Mr. Pawan Kumar, Advocate.

For the State :

Mr. Harendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-08-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in connection with Alamnagar P.S. Case No.43 of 2020 registered under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 13.02.2020, the Informant Lal Budhiya Devi along with her husband Bilas Paswan was engaged in repairing the house, situated on the Government land for the last 25-30 years. At that time, the neighbours of the informant, namely, Mohan Paswan, son of Jagdish Paswan, Sanjay Paswan (petitioner), Manjay Paswan and Navneet Paswan, all sons of Mohan Paswan, came there and started to

Patna High Court CR. MISC. No.21526 of 2020(3) dt.21-08-2020 2/3 abuse to the informant giving threatening to vacate the land. Thereafter, when the informant replied them that she is living on the Government land after constructing the house for the last 2530 years, then all started to abuse. At that time, Manjay Paswan with an intention to kill the informant, gave Dabiya blow twice to the informant causing injury near her right eye and left eye, due to which she fell down. Thereafter, Mohan Paswan, Sanjay Paswan (petitioner) and Navneet Paswan started to cause assault to the informant through bricks, fists and slaps. At that time, Mohan Paswan, snatched the gold chain from the neck of the informant.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the specific allegation to cause injury near the right and left eye of the informant through Dablia blow is against Manjay Paswan with general allegation against the petitioner and others to cause assault to the informant through bricks, fists and slaps. The petitioner has no criminal antecedent and is in custody since 14.02.2020.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten

Patna High Court CR. MISC. No.21526 of 2020(3) dt.21-08-2020 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Udakishunganj, District-Madhepura, in connection with Alamnagar P.S. Case No.43 of 2020.

(Rajendra Kumar Mishra, J) P.S./- U T