Patna High CourtCR. MISC./1074/2024bail granted

Girdhari Paswan v. The State Of Bihar

2024-01-31Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1074 of 2024 Arising Out of PS. Case No.-52 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== 1.

Girdhari Paswan SON OF LATE ASHARFI PASWAN R/O VILLAGEJAGDISHPUR DIULIYA, PS- NAUTAN (JAGDISHPUR), DISTT- WEST CHAMPARAN 2.

RAJU PASWAN SON OF SRI LAKSHMI PASWAN R/O VILLAGEJAGDISHPUR DIULIYA, PS- NAUTAN (JAGDISHPUR), DISTT- WEST CHAMPARAN 3.

SURAJ PASWAN @ SURAJ KUMAR SON OF SRI MANGAL PASWAN R/O VILLAGE- JAGDISHPUR DIULIYA, PS- NAUTAN (JAGDISHPUR), DISTT- WEST CHAMPARAN 4.

SIRU PASWAN @ MOHIT KUMAR SON OF SRI MANGAL PASWAN R/O VILLAGE- JAGDISHPUR DIULIYA, PS- NAUTAN (JAGDISHPUR), DISTT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Nautan (Jagdishpur) P.S. Case No. 52 of 2021, registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 327, 307, 354, 379, 427, 504, 506 of the Indian Penal Code.

3. As per allegation, when the informant along with his family members was sitting at his door, all the accused persons equipped with iron rod and lathi, came there and started assaulting

Patna High Court CR. MISC. No.1074 of 2024(2) dt.31-01-2024 2/2 him and in consequence thereof, petitioner no. 1 and petitioner no. 2 are alleged to have assaulted the informant which hit on his head whereas the other accused persons are said to have assaulted him, as a result of which, he sustained injuries.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is chronic land dispute between the parties. Pritima Devi, wife of petitioner no. 1 has also lodged a case against members of prosecution side. He has submitted further that the injuries suffered by the injured persons are simple in nature.

5. Considering the above-mentioned facts and circumstances, especially the clean antecedent, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released 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 learned Judicial MagistrateIst Class, Bettiah West Champaran in connection with Nautan (Jagdishpur) P.S. Case No. 52 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Nirmal/- U T