Bablu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45556 of 2024 Arising Out of PS. Case No.-277 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Bablu Paswan Son of Chalitar Paswan @ Charitra Paswan R/O Vill.- Bhagatpur, P.O.- Bhagatpur, P.S.- Balia, Dist.- Begusarai ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Balia P.S. Case No. 277 of 2023 dated 02.10.2023 instituted for the offence punishable under Sections 341, 323, 324, 325, 504, 506, 448, 307, 354 and 34 of the Indian Penal Code .
3. The prosecution case in short is that on 01-10-2023 the petitioner along with 8 other co-accused persons came at the door of the informant and hurled abuses. On protest made by the informant's sister, it is alleged that petitioner assaulted her on head with hand, on account of which, she fell unconscious. Thereafter, other family members of the informant came to rescue her, who were also assaulted by all the accused persons with Lathi and Danda. It is further alleged that co-accused,
Patna High Court CR. MISC. No.45556 of 2024(2) dt.07-08-2024 2/3 namely, Muskan Kumar assaulted the informant on his chest, as a result of which, his chest bone got fractured.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. The FIR has been lodged against nine accused persons. There is case and counter case between the parties. It is submitted that Karelal Paswan has lodged Balia PS Case No. 276 of 2023 against the informant and his family members on 02-10-2023.Thereafter, the present FIR has been lodged by the informant. It is submitted that there is no injury report on record to corroborate the allegation against the petitioner. It is submitted that due to land dispute the occurrence took place. Lastly, it has been submitted that the petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Balia P.S. Case No. 277 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.45556 of 2024(2) dt.07-08-2024 3/3 sureties of the like amount each to the satisfaction of the learned CJM Begusarai, subject to condition as laid down Under Section 438(2) of the Code of Criminal Procedure, 1973. (Khatim Reza, J) shyambihari/- U T