Nand Lal Paswan v. The State Of Bihar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70312 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== 1.
Nand Lal Paswan Son of Chandrika Paswan Resident of Village - Koli Parsama, P.S. - Halsi, District- Lakhisarai.
2.
Dipak Paswan @ Dipak Kumar, Son of Nandlal Paswan Resident of Village - Koli Parsama, P.S. - Halsi, District- Lakhisarai. 3.
Raushan Kumar Paswan @ Raushan Raj, Son of Nand Lal Paswan Resident of Village - Koli Parsama, P.S. - Halsi, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Singh, Advocate.
For the State :
Mr.Chandra Bhushan Prasad, Advocate.
For the Informant :
Ms. Sanju Singh, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2023 Heard Mr. Suresh Singh, learned counsel appearing on behalf of the petitioners; Mr. Chandra Bhushan Prasad, learned counsel for the State and Ms. Sanju Singh, learned counsel for the informant.
2. The petitioners seek pre-arrest bail in connection with Halsi P.S. Case No. 103 of 2023 registered for the offence punishable under Sections 341, 323, 324, 307, 325, 379 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegation made in the F.I.R., accused persons including the petitioners assaulted the informant who
Patna High Court CR. MISC. No.70312 of 2023(2) dt.01-11-2023 2/3 sustained grievous injury.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case. He further submits that for the same occurrence, there is case and counter case relating to land dispute. Petitioners and informant's side engaged into fierce fight and in course of the said fight, the petitioners might have caused some injury to the informant, which was not intentional.
5. Ms. Sanju Singh, learned counsel has tendered appearance on behalf of the informant and vehemently opposed the prayer for grant of pre-arrest bail. She has further submitted that there is specific allegation that the petitioners have used fire arm and had intentionally assaulted the informant. Hence the petitioners don't deserve to be released on bail.
6. Learned APP for the State too supported the submission made on behalf of the informant.
7. Considering the aforesaid facts and circumstances of the case, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.70312 of 2023(2) dt.01-11-2023 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Lakhisarai in connection with Halsi P.S. Case No. 103 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T