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Patna High CourtCR. MISC./84756/2023allowed

Arun Paswan v. The State Of Bihar

2024-01-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84756 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== 1.

Arun Paswan Son Of Jawahar Paswan R/O Village- Simarahua, P.S.- Fesar, District- Aurangabad (Bihar) 2.

Nagendra Paswan Son Of Late Ram Gati Paswan R/O Village- Simarahua, P.S.- Fesar, District- Aurangabad (Bihar) 3.

Lalendra Paswan @ Lalichand Paswan @ Lalindra Paswan @ Nalendra Paswan Son Of Late Ram Gati Paswan R/O Village- Simarahua, P.S.- Fesar, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 323, 341, 324, 325, 307, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of assaulting the informant and his family members, due to which they sustained injury.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. There is previous

Patna High Court CR. MISC. No.84756 of 2023(2) dt.08-01-2024 2/2 enmity between the parties due to land dispute. He submitted that there is general and omnibus allegation against these petitioners and there is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 12.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Feshar P.S. Case No. 89 of 2022.

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