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2025 DAILYLAW 9678 (PAT)

Pappu Kumar Paswan @ Pappu Kumar v. The State of Bihar

CR. MISC./6208/2025 · 2025-05-13

Arun Kumar Jha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6208 of 2025 Arising Out of PS. Case No.-159 Year-2024 Thana- KHANPURA District- Samastipur ====================================================== Pappu Kumar Paswan @ Pappu Kumar S/O Ramadhar Paswan Resident of village- Ranjitpur, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Akshansh Shanker, Adv. For the Opposite Party/s : Mr.Vinod Shanker Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Khanpur P.S. Case No. 159 of 2024, registered for the offences under Sections 126(2), 115(2), 118(1), 109, 137(2), 62, 351(2), 3(5) of the B.N.S. 3. As per the prosecution case, petitioner and other co- accused persons came to the doors of the informant on a motorcycle and tried to kidnap the grandson of the informant. When the informant opposed their act, the petitioner and co- accused, drawing out sharp weapons, started assaulting the grandson of the informant who fell down and he was further assaulted by co-accused Chandan Kumar Paswan by legs. When the people started assembling, all the three assailants fled away leaving behind their motorcycle. The occurrence took place in the background of dispute over land purchased by the daughter Patna High Court CR. MISC. No.6208 of 2025(3) dt.13-05-2025 2/3 of the informant. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The petitioner has been falsely implicated in this case due to previous land dispute between the parties for which Title Suit No. 223 of 2023 is pending in the Court. Learned counsel further submits that the injury report shows two injuries on the grandson of the informant, first injury is stitched wound but the same is stated to be simple in nature and caused by hard and blunt object and second injury is on the face of the victim which is attributed to the co-accused. But allegation against the petitioner is of causing injury by sharp weapon and this gets falsified by the injury report. The petitioner is in custody since 19.10.2024 and he has no criminal antecedent. Charge sheet has been submitted. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of injuries and also considering the period of custody and submission of charge sheet and clean antecedent of the Patna High Court CR. MISC. No.6208 of 2025(3) dt.13-05-2025 3/3 petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Samastipur/concerned court, in connection with Khanpur P.S. Case No. 159 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. anuradha/- (Arun Kumar Jha, J) U T