Arjun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75300 of 2022 Arising Out of PS. Case No.-196 Year-2022 Thana- KHAIRA District- Jamui ====================================================== Arjun Paswan Son Of Ojha Paswan Resident Of Khaira, P.S- Khaira, DistJamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anju Kumari @ Anju Narain For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 308, 354(A), 504/34 of the Indian Penal Code.

The prosecution case in nutshell is that the petitioner was cutting fodder (Kutti) and putting on the land of the informant's share which was protested by the informant at which petitioner along with other family members, armed with iron rod, assaulted the informant due to which he sustained head injuries. When the wife

Patna High Court CR. MISC. No.75300 of 2022(2) dt.24-03-2023 2/3 of informant came to his rescue, she was also assaulted. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both parties are full brothers and there is land dispute between them. There is case and counter case between the parties and both sides have sustained injuries. Moreover, the petitioner is languishing in judicial custody since 29.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Khaira P.S. Case No. 196 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.75300 of 2022(2) dt.24-03-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui.

(Sunil Kumar Panwar, J) nirajkrs/- U T