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Patna High CourtCR. MISC./64758/2023allowed

Guddu Paswan @ Guddu Kumar v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64758 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== Guddu Paswan @ Guddu Kumar S/O Ram Ishwar Paswan Resident Of Village-Lohani Patti Kaiju, P.S.-Patepur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 354(B), 379, 307, 504, 506 of the Indian Penal Code.

3. The prosecution case in nutshell is that while the informant has gone in the neighborhood on the eve of marriage, in the meantime, accused persons assaulted the informant by various weapons. Co-accused Ram

Patna High Court CR. MISC. No.64758 of 2023(2) dt.12-10-2023 2/3 Bilash Paswan attacked the informant by means of Farsa due to which he sustained head injuries. It is also alleged that when her daughter came for her rescue, she was also assaulted by the petitioner by means of iron rod.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. Both parties are next door neighbors and in the background of land dispute, the present case has been registered against the petitioner with ulterior motive. Moreover, the petitioner is languishing in judicial custody since 05.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently

Patna High Court CR. MISC. No.64758 of 2023(2) dt.12-10-2023 3/3 opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Patepur P.S. Case No. 145 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali, Hajipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T