Bambam Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58253 of 2018 Arising Out of PS.Case No. -592 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Bambam Paswan son of Shivan Paswan, resident of Village- Chatra Pharari, Police Station- Khagaria (Mufassil), District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukul Prasad For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code. The prosecution case, in brief, is that in the backdrop of land dispute, a dispute arose and in consequence thereof, the petitioners and other accused persons assaulted the informant and others by means of lathi causing bleeding injury.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The injury is said to be simple in nature. No offence u/S 307 of the
Patna High Court Cr.Misc. No.58253 of 2018 (3) dt.20-11-2018 Indian Penal Code is made out. Rest of the offences are triable by Magistrate.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 592 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T