Chandrabali Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.48890 of 2014 (2) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48890 of 2014 Arising Out of PS.Case No. -214 Year- 2014 Thana -TEKARI District- GAYA ======================================================

1. Chandrabali Paswan Son of Late Chandeshwar Paswan Resident of Village :- Parariya, Police Station : - Tekari, District : - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Supplementary affidavit has been filed on behalf of the petitioner after serving the copy to the learned APP and the same has been taken on record.

Petitioner apprehends his arrest in connection with Tekari P.S. Case No. 214 of 2014 registered for the offences punishable under Sections 341, 323, 325, 307 & 504 of the Indian Penal Code.

Allegation against the petitioner is that he abused and assaulted the informant with lathi causing injury on his head also with fracture in right hand.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.48890 of 2014 (2) dt.30-04-2015 informant was in intoxicated condition and he fell down and sustained injuries and when the petitioner tried to save him, he instead of taking help indulged with him into altercation and instituted this case. In supplementary affidavit it has been submitted that there is no injury on the record, the informant has never gone to any hospital or before any doctor for treatment as there was no injury upon him and as a matter of fact no such occurrence has taken place, and as such, the petitioner deserves sympathetic consideration to which the learned APP opposes. If it is so, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Gunjan, J. M. Ist Class, Gaya in connection with Tekari P.S. Case No. 214 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T