Shri Chand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67601 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== SHRI CHAND PASWAN Son of Late Shankar Paswan R/v- Malkalipur P.S.- Vidyapatinagar District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard Mr. Mahendra Pratap, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Sharma, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Vidyapatinagar P.S. Case No. 47 of 2022, dated 30.03.2022, registered under Sections 448, 341, 323, 324, 307, 427, 325, 379, 504, 506/34 of the Indian Penal Code. As per allegation made in the F.I.R. all the accused persons assaulted the informant and his brother. The cause of quarrel is stated that the petitioner has gone to pacify the quarrel between the parties and he has no role in the alleged offence. Learned counsel appearing on behalf of the petitioner submits that the allegation made in the F.I.R. is false. So far as the petitioner is concerned, however, even taking into account that petitioner has allegedly assaulted the brother of the

Patna High Court CR. MISC. No.67601 of 2022(4) dt.17-05-2023 2/2 informant, but the injury sustained by the brother of the informant is simple in nature.

Learned counsel appearing on behalf of the State submits that though the injury received by the brother of the informant is simple in nature, but it is on the vital part of the middle of the Skull.

Having considered the rival submissions made by the parties as well as the fact that if any injury has been caused to the brother of the informant, the same has been caused without any intention, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Mr. O.P.N. Singh, J.M.-I, Dalsinghsarai, Samastipur in connection with Vidyapatinagar P.S. Case No. 47 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) pravinkumar/- U