Kishori Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43254 of 2024 Arising Out of PS. Case No.-364 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Kishori Paswan S/O Late Ramjanam Paswan R/O Village- Balapur, P.SGhorasahan, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ghorasahan P.S. Case No. 364 of 2023 dated 21.06.2023 registered for the offences punishable u/ss 341, 323, 324, 504 read with Section 34 of the Indian Penal Code and later on, Section 307 of the Indian Penal Code was added

3. As per the prosecution case, when the informant was at his field then the petitioner and the co-accused persons armed with spade, hasua and bamboo came there and started abusing the informant. On being objected by the informant, the petitioner assaulted the informant with spade, due to which he

Patna High Court CR. MISC. No.43254 of 2024(2) dt.02-07-2024 2/3 received injury on his head and fell down on the ground. When the informant's son came to rescue him, the co-accused, Ram Niwas Paswan assaulted him with spade due to which he received injury on his head. The co-accused, Phudeni Devi assaulted the informant's wife with bamboo on her back. On hulla, villagers came then all the accused persons fled away. Thereafter, the injured was taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. The charge-sheet has been submitted in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the photocopy of the injured (informant) has been filed but the nature of injury has not been mentioned in the said impugned order. There is no repetition of blow and the petitioner had no intention of causing death. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.43254 of 2024(2) dt.02-07-2024 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 364 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T