Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1856 of 2024 Arising Out of PS. Case No.-315 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Dharmendra Paswan S/o Butan Paswan Resident of village Pakariu, Ara, Girja More, P.S. Ara Nawada, District Bhojpur 2.

Ranjay Kumar@ Chanchal Kumar S/o Dharmendra Paswan Resident of village Pakariu, Ara, Girja More, P.S. Ara Nawada, District Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Singh, Adv.

Mrs.Priyanka Kumari, Adv.

Mr.Rajeev Ranjan II, Adv.

Mrs.Kumari Rupa, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned APP for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 149, 341, 323, 307, 504, 506, 379 of the IPC.

3.

Allegedly, the accused persons deposited sand in the land of the informant and on objection, one Anup Paswan blown iron rod on the head of the informant and other accused also assaulted the mother of the informant by means of lathi. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.1856 of 2024(3) dt.16-04-2024 2/2 motive. There is no specific allegation against the petitioners. There is admitted land dispute between the parties and for the alleged occurrence, there is a case and counter case between the parties. The injury of the injured has been found simple in nature. Petitioners have no criminal antecedent and other co-accused persons have been granted anticipatory bail by this Court vide order dated 08.02.2024 passed in Cr. Misc. No.4526 of 2024. 5.

Learned APP for the State opposed the prayer for bail but fairly submitted that the Court below has not discussed the nature of injury, it has only stated that in para-79 of the case diary, the injury report has supported the prosecution case. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Udwantnagar P.S. Case No.315 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U t