Vikash Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27367 of 2020 Arising Out of PS. Case No.-208 Year-2019 Thana- SIKTI District- Araria ====================================================== VIKASH KUMAR PASWAN Son of Ram Prasad Paswan @ Ram Prashad Paswan Resident of Village- Derhuwa, Ward No. 06, P.S.- Sikty (Bardaha), District- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Sikty (Bardaha) P.S. Case No. 208 of 2019, registered under sections 307, 341, 323, 325, 354 and 504 of the Indian Penal Code.

As per allegation in the FIR, over a minor dispute relating to the goat of some person having grazed a portion of the informant's agricultural field, it is stated that the petitioner gave a blow with a wooden object resulting in injury on informant's neck.

It is submitted by learned counsel for the petitioner that from perusal of the FIR itself, a minor altercation has been presented to be a major occurrence. For the alleged occurrence

Patna High Court CR. MISC. No.27367 of 2020(3) dt.02-02-2021 2/2 which took place on 12.12.2019, the matter was reported to the police station nine days later on 21.12.2019. From the injury report, even after more than a year having passed, the same has still not assessed to be grievous in nature. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Sikty (Bardaha) P.S. Case no. 208 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T