Lal Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71385 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- AKHODHIGOLA District- Rohtas ====================================================== 1.

LAL BABU PASWAN S/o Baij Nath Paswan @ Vaijnath Ram Resident of Village- Baank, P.S.- Akorhigola, District- Rohtas. 2.

BIRENDRA PASWAN S/o Lal Babu Paswan Resident of Village- Baank, P.S.- Akorhigola, District- Rohtas.

3.

DHIRENDRA PASWAN S/o Lal Babu Paswan Resident of Village- Baank, P.S.- Akorhigola, District- Rohtas.

4.

PRAKASH PASWAN S/o Rajendra Paswan Resident of Village- Udaipur, P.S.- Rajpur, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr.Mithilesh Kumar Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard the parties.

Petitioners seek regular bail in connection with S. Tr. No. 262 / 2021 arising out of Akorhigola PS Case No. 63 / 2020 registered for the offence under Sections 341 , 323 , 307 , 325, 379, 504 , 34 of the IPC.

As per the allegation, the petitioner no. 1 , 3 and 4 along with petitioner no. 2 assaulted the informant by means of lathi, danda, iron rod etc. and the petitioner no. 2 assaulted his brother by means of iron rod due to which informant's brother sustained injury on the head.

Learned senior counsel for the petitioners submits that

Patna High Court CR. MISC. No.71385 of 2021(2) dt.25-05-2022 2/2 petitioners have falsely been implicated in this case due to land dispute between the parties and both the parties are co-villagers. Referring to the injury report, learned counsel submits that injury caused to informant is simple in nature but injury caused to brother of informant is grievous in nature, petitioners are having no criminal antecedent and they are in custody since 14/08/2021.

Regard being had to the submissions made by the parties, taking into consideration the material on record, the fact that both the parties are co-villagers, there is land dispute between the parties and petitioners are in custody since 14 / 08 / 2021, as such, I am inclined to grant regular bail to the petitioners.

Let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand ) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge- XIII, Rohtas at Sasaram in connection with S. Tr. No. 262 / 2021 arising out of Akorhigola PS Case No. 63 / 2020.

praful/- (Anil Kumar Sinha, J) U T