Biltu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44809 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- SAKRI District- Madhubani ====================================================== 1.

Biltu Paswan Son Of Late Chilli Paswan Resident Of Village - Bikrampur, P.S. - Baliya, P.S. Sakri, District - Madhubani. 2.

Babloo Paswan Son Of Late Chilli Paswan Resident Of Village - Bikrampur, P.S. - Baliya, P.S. Sakri, District - Madhubani. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 504, 323, 307, 379/34 of the Indian Penal Code.

The prosecution case in nutshell is that petitioners along with other co-accused persons put dung over the land of informant. When the informant raised protest, all the accused persons abused him and claimed the aforesaid land as their own. Specific allegation

Patna High Court CR. MISC. No.44809 of 2022(3) dt.09-01-2023 2/3 against the petitioner is that petitioner, namely, Biltu Paswan, assaulted the informant with Farsa on his head, due to which he sustained head injuries. In the meantime, petitioner, namely, Babloo Paswan, pressed the neck of the informant and twisted it. It is further alleged that Biltu Paswan snatched Rs. 25,000/- from the pocket of informant.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. It is also submitted that petitioners are languishing in judicial custody since 26.05.2022. It is further submitted that both parties have inimical and litigating terms and there is case and counter case between the parties. In the background of land dispute, the present case has been filed with concocted allegations. From perusal of the impugned order, the injury report does not corroborate with the prosecution version of the case.

Patna High Court CR. MISC. No.44809 of 2022(3) dt.09-01-2023 3/3 Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Sakri P.S. Case No. 89 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhubani.

(Sunil Kumar Panwar, J) nirajkrs/- U T