Bala Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.29573 of 2016 (2) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29573 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Bala Paswan Son of Shiv Narayan Paswan Resident of Village Badihan, P.S. Dehri (Indrapuri) District Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajani Kant Singh, Advocate For the State : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offences punishable under sections 147, 148, 149, 307, 379, 342, 387 and 506 of the Indian Penal Code.

As per the allegation, the petitioner assaulted Kanhaiya Prasad Soni by axe injuring his chin.

It is contended on behalf of the petitioner that the injury report is of private hospital and it is stated that injury is lacerated which is on occipital region and is scalp deep and the further injury is 2" lacerated on chin. It is further contended that admittedly there is land dispute between the parties and for the same occurrence a First Information Report was lodged by the petitioners' side, a copy of which has been appended as Annexure

Patna High Court Cr.Misc. No.29573 of 2016 (2) dt.30-08-2016 3 and there have been injuries on the petitioners' side as well. After about four days of the occurrence, the First Information Report of the present case has been lodged on 16.01.2016, thus, it is contended that the same is only for the purpose of countering the First Information Report, which was lodged by the petitioners' side, by way of counter blast and the same is an afterthought. Having regard to the facts and circumstances of the case, let the abovenamed petitioner, namely, Bala Paswan, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Dehri(Indrapuri) Police Station Case No. 33/2016 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Dehri, District Rohtas, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) SC/- U T