Dev Nandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37400 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- BALUA BAZAR District- Supaul ====================================================== DEV NANDAN PASWAN S/o Late Munsi Paswan Resident of VillageMadhubani, Ward No.10, Police Station-Balua Bazar, District-Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the appellant undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 341, 323, 307 & 302 of the Indian Penal Code.

The prosecution case, in brief, is that on 20.05.2020, while the petitioner and co-accused Uday Chandra

Patna High Court CR. MISC. No.37400 of 2020(4) dt.16-03-2021 2/3 Paswan were cutting earth and when the mother of the informant intervened, thereafter the petitioner and co-accused assaulted him by means of fists, slaps, lathi and danda and sustaining injury she died on 21.05.2020. The motive behind the alleged occurrence is said to be land dispute. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to land dispute. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

He further submitted that from the supervision report and the impugned order, it appears that the deceased died her natural death and the prosecution taking advantage of the same has falsely implicated the petitioner and his whole family members. The petitioner has no criminal antecednet and has been languishing in custody since 23.05.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.37400 of 2020(4) dt.16-03-2021 3/3 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Supaul in connection with Balua Bazar (Lalitgram O.P.) P.S. Case No.29 of 2020.

(Anjani Kumar Sharan, J.) Trivedi/- U T