Allowed

Harish Chandra Paswan v. the State of Bihar

Patna HC6 Sept 2023CR. MISC./46944/2023

Case brief

AI extract

What is this about?

In a bail application arising from a case involving assault and attempts to murder, the single judge balanced the delay in FIR lodging, antecedents, and nature of injury to grant pre-arrest bail to the petitioner with a bond and sureties.

What did the court decide?

Released on bail upon furnishing a bond of Rs. 10,000 with two sureties of Rs. 10,000 each to be lodged before the Additional Chief Judicial Magistrate, subject to conditions including one bailor bein

Harish Chandra Paswan Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46944 of 2023

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Arising Out of PS. Case No.-132 Year-2023 Thana- BAHERA District- Darbhanga

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======================================================

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Harish Chandra Paswan S/O Late Bhikhar Paswan R/O Village- Laxmanpur Ghonghiya, P.S. Bahera, Dist. Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr. Gautam, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 06-09-2023

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Heard Mr. Ajay Kumar, learned counsel appearing on

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behalf of the petitioner and the learned Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection with Bahera P.S. Case No. 132 of 2023, registered for the offences punishable under Sections 341, 323, 307, 354 and 504/34 of the Indian Penal Code.

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Allegedly, on account of a dispute arisen out of the water drainage, the petitioner and other co-accused persons started abusing and assaulting the informant. It is further alleged that on protest being made, the petitioner assaulted the informant by means of farsa over her head due to which she sustained injury. Further allegation has been levelled against all the other accused persons is of assault and snatching of valuables.

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Patna High Court CR. MISC. No.46944 of 2023(3) dt.06-09-2023 2/3

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Learned counsel appearing on behalf of the petitioner submits that from the FIR it is evident that on account of a trifle, the present FIR has been instituted though there is a counter version of the present case being Bahera P.S. Case No. 119 of 2023 instituted by the wife of the petitioner, which is admittedly earlier on the point of time. He next submits that the alleged occurrence took place on 09.03.2023, but surprisingly the FIR has been instituted on 13.03.2023 and no plausible explanation has been given. He next submitted that the injury sustained to the person of the informant is already found to be simple in nature and, moreover, the petitioner bears fair antecedent.

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On the other hand, learned counsel for the State opposed the pre-arrest bail application.

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Regard being had to the submissions made on behalf of the parties and considering the nature of injury and the delay in lodging of the FIR, coupled with the fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

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Patna High Court CR. MISC. No.46944 of 2023(3) dt.06-09-2023 3/3

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the learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. Case No. 132 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

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(Harish Kumar, J)

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shivank/-

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U T

Harish Chandra Paswan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Harish Chandra Paswan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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