Sanjiban Paswan @ Sanjeevan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28953 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -ATRI District- GAYA ======================================================
1. Sanjiban Paswan @ Sanjeevan Paswan Son of Late Pancham Paswan, R/o Village- Teusi, P.S.- Atri, District- Gaya (Biahr). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 09.04.2017 in connection with Atri P.S. Case No. 47 of 2017 for offences punishable under Sections 341, 323, 307, 379, 505/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while he was digging the land for drainage, the petitioner along with others assaulted the informant and his family members by means of Khanti and Lathi. Allegation against the petitioner is for hitting Santan Paswan by means of Lathi and snatching gold chain from his wife.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.28953 of 2017 (3) dt.03-08-2017 2/ 2 petitioner that he is innocent, bears no criminal antecedent. Due to some petty dispute between the parties, such occurrence took place. He has filed a supplementary affidavit stating the opinion of injury report after X-ray, which has been found to be simple in nature. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Atri P.S. Case No. 47 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner. (Nilu Agrawal, J) sushma/- U T