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Patna High CourtCR. MISC./65966/2024allowed

Dinesh Paswan v. The State Of Bihar

2024-10-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65966 of 2024 Arising Out of PS. Case No.-169 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Dinesh Paswan Son of Khani Paswan Resident of Village- Sangrampur Paswan Tola, PS- Sangrampur, District -East Champaran 2.

Arun Paswan Son of Khani Paswan Resident of Village- Sangrampur Paswan Tola, PS- Sangrampur, District -East Champaran 3.

Suraj Paswan Son of Ramesh Paswan Resident of Village- Sangrampur Paswan Tola, P.S.- Sangrampur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504, 34 of the Indian Penal Code.

3. Allegedly, due to land dispute, all the FIR named accused persons including the petitioners are said to have assaulted the informant and his family members brutally by means of deadly weapons due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no

Patna High Court CR. MISC. No.65966 of 2024(2) dt.03-10-2024 2/3 offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Both the parties are pattidars and there is admitted land dispute between them. Both sides have filed cases against each other. The injuries sustained by the informant's side were found simple in nature. It is further submitted that the similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 21.09.2024 passed in Cr. Misc. No. 62609 of 2024. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties and the injuries sustained by the injured are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.65966 of 2024(2) dt.03-10-2024 3/3 connection with Sangrampur P.S. Case No. 169 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T