Suman Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33534 of 2019 Arising Out of PS. Case No.-121 Year-2018 Thana- SIKTI District- Araria ====================================================== 1.
SUMAN PASWAN S/O Late Sadanand Paswan Resident of VillagePokhariya Anmgachi, P.S.- Sikty, District- Araria 2.
Binod Paswan S/o Late Sadanand Paswan Resident of Village- Pokhariya Anmgachi, P.S.- Sikty, District- Araria 3.
Pandav Paswan S/o Late Sadanand Paswan Resident of Village- Pokhariya Anmgachi, P.S.- Sikty, District- Araria 4.
Suryanand Paswan S/O Late Dayanand Paswan Resident of VillagePokhariya Anmgachi, P.S.- Sikty, District- Araria ... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sikty P.S. Case No.121 of 2018, registered under Sections 147, 341, 323 & 307 of the Indian Penal Code. Petitioners along with three other named accused persons are said to have assaulted the daughter-in-law of the informant in course of repairing of the old house by her and when the son of the informant and the informant rushed in her rescue they also assaulted them inflicting head injury to the informant.
Learned counsel for the petitioners submitted that no
Patna High Court CR. MISC. No.33534 of 2019(2) dt.07-08-2019 2/2 such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners are not specific rather general and omnibus in nature. Barring the informant none has sustained injury in the occurrence and the informant has sustained simple injury. F.I.R. has been lodged after abnormal and inordinate delay of 17 days without assigning any plausible explanation for the said delay. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Sikty P.S. Case No. 121 of 2018, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
Trivedi/- (Prakash Chandra Jaiswal, J) U T