Ramesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61011 of 2023 Arising Out of PS. Case No.-534 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== RAMESH PASWAN S/O RAJENDRA PASWAN R/O VILLAGEMAHESH-PATTI, WARD NO. 14, P.S- NARPATGANJ(GHURA O.P), DISTT.- ARARIA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-02-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Narpatganj (Ghurna O.P.) Police Station Case No. 534 of 2022, dated 01.12.2022, disclosing offences under Sections 147/148/149/341/323/307/379/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 27.11.2022, in the morning, the petitioner, alongwith other accused persons, arrived at the door of the informant and started abusing him. Upon objection, all the accused persons attacked him. It has further been alleged that the petitioner assaulted the informant by

Patna High Court CR. MISC. No.61011 of 2023(3) dt.29-02-2024 2/3 means of farsa on his head due to which he sustained injuries.

4. Learned Counsel for the petitioner submits that both the parties are co-villagers and there is land dispute between them. He next submits that case and counter-case is also there inasmuch as Narpatganj Police Station Case No. 535 of 2022 has been lodged by the side of the petitioner against the informant and others. He further submits that injuries caused to the informant are simple in nature.

5. Learned counsel for the State agrees with submissions made by the petitioner that injuries caused to the informant are simple in nature.

6. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, case and counter-case is also there due to land dispute and injuries caused to the informant are simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.61011 of 2023(3) dt.29-02-2024 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Araria, in connection with Narpatganj Police Station Case No. 534 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T