Dunilal Paswan @ Tunilat Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65528 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.
Dunilal Paswan @ Tunilat Paswan S/o- Late Hakkar Paswan R/o VillageSinghiyaghat P.S. Bibhutipur District- Samastipur 2.
Bablu Paswan Son of Ramsevak Paswan @ Late Sevak Paswan VillageSinghiyaghat Ps- Bibhutipur Dist- Samastipur 3.
Suresh Paswan Son of Ramprit Paswan @ Chunnilal Ka Damad VillageGangapur Ps- Bighutipur Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Akela, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Bibhutipur P.S. Case No. 103 of 2024 dated 28.03.2024, instituted for the offence punishable under Sections 341, 323, 324, 307, 354, 379, 504, 506/34 of the Indian Penal Code.
3. The allegation against the petitioner is that when the informant was working in his field, the petitioners along with others went to him and said that we will not let you plough the field of Dunilal Paswan. All of them forcefully abused him and said that the land belongs to them and Chandramani
Patna High Court CR. MISC. No.65528 of 2024(2) dt.01-10-2024 2/3 Paswan, Shivam Nitish, Sonu, assaulted on the head of the informant with iron rod. It is further alleged that Nitish and Suraj snatched the necklace from the neck of Priyanka Devi. Dilip, Sonu and Lalo are alleged to have assaulted Paro Kumari on her head with an axe, due to which, she sustained injury and was referred from P.H.C., Bibhutipur to Samastipur.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the F.I.R. has been lodged against nine accused persons and there is no specific allegation against the petitioners, rather, the allegation is of general and omnibus. It is further submitted that there is a case and counter case. The counter case has been lodged by Sonu Paswan against the informant and others vide Bibhutipur P.S. Case No. 104 of 2024 dated 28.03.2024 for the same occurrence. It is further submitted that there is land dispute between both the parties. It appears from the impugned order that the petitioner Dunilal Paswan had filed a case against the informant of this case prior to this case which is pending in the court of learned S.D.J.M., Rosera. The petitioners have no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
Patna High Court CR. MISC. No.65528 of 2024(2) dt.01-10-2024 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest/surrender of the petitioners within a period of six weeks from today, in connection with Bibhutipur P.S. Case No. 103 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Rosera subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Guddu/- U T