Shiv Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71205 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- AKHODHIGOLA District- Rohtas ====================================================== Shiv Paswan, Son of Dadan Paswan, Resident of Village Kopa, P.S. Akorhigola, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikram Deo Singh For the Opposite Party/s :

Mr.Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Akorhigola P.S. Case No. 126 of 2018 dated 06.06.2018 instituted for the offences under Sections 147, 341, 323, 337, 307, 354, 504 of the Indian Penal Code.

Because of a dispute over tying of cow with a peg, standing on the land of the informant, an occurrence took place in which all the accused persons are said to have assaulted the informant and his other family members. So far as petitioner is concerned, he is specifically alleged to have assaulted with an iron like substance on the person of Ajay Paswan/informant.

Patna High Court Cr.Misc. No.71205 of 2018(3) dt.09-01-2019 2/3 Mr. Vikram Deo Singh, learned counsel for the petitioner has submitted that though specific accusation has been made against the petitioner but other accused persons also are alleged to have indulged in the assault. The injuries suffered by the informant is in the nature of a cut mark on his head. However, from the nature of injury, it has been argued, it becomes very clear that the injury is simple in nature. For this reason, no definite opinion was given about the nature of injury and the opinion was kept reserved. For ascertaining the nature of injury, case diary was called for. The nature of injury has yet not been ascertained.

Regard being had to the aforesaid facts and taking into account that there is counter version of the occurrence and there being pending land dispute between the parties, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction

Patna High Court Cr.Misc. No.71205 of 2018(3) dt.09-01-2019 3/3 of learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas in connection with Akorhigola P.S. Case No. 126 of 2018, subject to the conditions laid down under Section 438 (2) of the Cr.P.C.

While saying so, this Court has taken note of the clean antecedents of the petitioner as well.

(Ashutosh Kumar, J) Shageer/- U T