Lalan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1410 of 2021 Arising Out of PS. Case No.-216 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== 1.

LALAN PASWAN S/o Kari Paswan Resident of Village-Naika Tola, Ward No.6, P.S.-Sugauli, District-East Champaran.

2.

Shatrughna Paswan S/o Lalan Paswan Resident of Village-Naika Tola, Ward No.6, P.S.-Sugauli, District-East Champaran.

3.

Rampati Devi W/o Lalan Paswan Resident of Village-Naika Tola, Ward No.6, P.S.-Sugauli, District-East Champaran.

... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate.

For the Opposite Party/s :

Mr. Anant Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks of normal functioning of the Court. In the eventuality of non removal of the defects, the office is directed to place the matter before the Bench.

The petitioners seek bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 302 & 34 of the Indian Penal Code.

The prosecution case, in brief, is that while the father

Patna High Court CR. MISC. No.1410 of 2021(2) dt.04-03-2021 2/2 of the informant was cutting bamboo in front of his door, the petitioners along with other co-accused are said to have assaulted him by means of iron rod and lathi due to which he severely injured and lastly during the course of the treatment was declared dead.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have been falsely implicated in the case due to dirty village politics. No overt act has been attributed to the petitioners. There is case and counter case between the parties. Petitioners have no criminal antecedent and are languishing in custody since 13.04.2020, Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No.216 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T