Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64054 of 2024 Arising Out of PS. Case No.-240 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== Santosh Paswan Son of Srichan Paswan @ Sirchan Paswan R/O Village - Gangwara, P.S.- Pupri, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manaur Alam, Adv For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pupri P.S. Case No. 240 of 2024 dated 09.06.2024 registered for the offences punishable u/s 147, 149, 341, 342, 323, 324, 307, 379 and 385 of the Indian Penal Code.

3. As per the prosecution case, on 07.06.2024 the petitioner Santosh Paswan armed with Khanti and axe along with 8 to 10 persons including women arrived at the Kachahari of Vinod Mishra at village Gangwara and were trying to break roof, wall and doors and when the informant reached there on information, they started abusing and assaulting the informant.

Patna High Court CR. MISC. No.64054 of 2024(2) dt.05-10-2024 2/3 It is further alleged that the petitioner tied his 'gamchha' on the neck of informant and started dragging him and threatened to the informant stating that if ten 'bigha' land won't be given to him then he would not leave the land of Vinod Mishra and on order of the co-accused Shashi Paswan, the petitioner assaulted on the head of the informant causing head injury. The coaccused Kapal Mandal snatched money and golden chain from the informant

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land disputed between the parties. The injury which is sustained by the informant is simple in nature. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned,

Patna High Court CR. MISC. No.64054 of 2024(2) dt.05-10-2024 3/3 Sitamarhi in connection with Pupri P.S. Case No. 240 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T