Guput Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.19888 of 2016 (3) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19888 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -KACHHAWA District- SASARAM (ROHTAS) ====================================================== Guput Paswan, Son of Late Manki Paswan, resident of Village:- Niranjanpur, P.S. Katchhawa, District: Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kachhawa P.S. Case No. 32 of 2015 registered under Sections 341, 323, 307, 504, 302 and 379/34 of the Indian Penal Code. The allegation is that on 27.05.2015 petitioner and others started to construct the house over the Government land situated near the plot of informant, Binay Sah then informant made protest, on which, petitioner and two others started assaulting to the informant and his family members through Lathi, Danda and bricks. In that course, petitioner caused blood oozing injury through Lathi at the head of Binod Sas, brother of the informant who subsequently dfied.

Patna High Court Cr.Misc. No.19888 of 2016 (3) dt.15-07-2016 Learned counsel for the petitioner submits that occurrence took place due to land dispute and petitioner's side also sustained injury, regarding which, Kachhawa P.S. Case No. 33 of 2015 on the basis of written report of the petitioner against the informant and deceased, Binod Sah. The deceased, brother of informant, was examined medically on 27.05.2015 and one lacerated wound 2" x 1/2" x 1/4" irregular margin over left painful region of scalp was caused by hard and blunt object simple in nature as detailed in paragraph 27 of the case diary and he died after 25 days of the occurrence. The petitioner has no criminal antecedent and he is in custody since 23.11.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Bikramganj, Rohtas, in connection with Kachhawa P.S. Case No. 32 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T