Deban Paswan @ Deonandan Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.54114 of 2017 (2) dt.14-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54114 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ====================================================== Deban Paswan @ Deonandan Paswan Son of Late Prasadi Paswan, R/o Village- Serthua Khurd, P.S.- Khudaganj, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Indra Kumar Singh For the Informant/s : Mr. Ravi Shankar Pankaj ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2017 Heard learned counsels for the petitioner, informant and learned APP for the State.

The petitioner seeks bail in connection with Khudaganj P.S. Case No. 75 of 2017 registered under Sections 341, 323, 307, 379, 427 and 436/34 of the Indian Penal Code. The petitioner is said to have assaulted on the nose, face and eye of the informant by means of garasa over land dispute.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case due to land dispute. No injury is available in the case diary till now. The petitioner has

Patna High Court Cr.Misc. No.54114 of 2017 (2) dt.14-12-2017 been languishing in custody since 13.08.2017. On the other hand, it is submitted by learned counsel for the informant that the informant had sustained two injury one on his nose and other on his cheek at the hand of the petitioner. Out of which the injury no. 1 is kept reserved. Hence, the petitioner is not entitled for bail.

From perusal of injury report, it appears that the informant had sustained two injuries one on the nose and other on the left cheek, both caused by hard and blunt substance. The injury no. 2 is simple in nature but opinion regarding injury no. 1 which is on his nose was kept reserved by the doctor on 22.09.2017 but no supplementary injury report has been brought on record uptill now.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Hilsa (Nalanda) in connection with Khudaganj P.S. Case No. 75 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T