Tribhuwan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1774 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

TRIBHUWAN PASWAN Son of Late Mahendra Paswan R/v- Araria, P.S.- Kundwa Chainpur, District- East Champaran (Motihari) 2.

SONA DEVI Wife of Tribhuwan Paswan R/v- Araria, P.S.- Kundwa Chainpur, District- East Champaran (Motihari) 3.

PRASHANT PASWAN Son of Tribhuwan Paswan R/v- Araria, P.S.- Kundwa Chainpur, District- East Champaran (Motihari) 4.

BASANT KUMAR @ BASANT PASWAN Son of Tribhuwan Paswan R/vAraria, P.S.- Kundwa Chainpur, District- East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341/323/324/307/354/504/506 and34 of the Indian Penal Code. It is alleged all the accused persons named in the FIR including these petitioners brutally assaulted the informant and when the informant's wife came to rescue him, she was also assaulted and misbehaved by the accused persons. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.1774 of 2023(4) dt.13-04-2023 2/2 petitioners are innocent and has falsely been implicated in this case due to village politics. The present case is filed only to grab the land of the petitioners by the informant. It is further submitted that there is counter case vide Kundwa Chianpur P.S. case No. 43 of 2022 filed by petitioner-accused Sona Devi against the informant side. Doctor has found the injury simple in nature.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Shikarahana, Dhaka, East Champaran in Kundwa Chainpur P.S. Case No. 42 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T