Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12394 of 2021 Arising Out of PS. Case No.-71 Year-2020 Thana- OBRA District- Aurangabad ====================================================== MANOJ PASWAN Son of Late Ramashish Paswan Resident of Village - Ratwar, P.O.- Kurhama, P.s.- Obra, Dist.- Aurangabad. (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyanka Singh, Advocate For the Opposite Party/s :

Dr. Ajit Kumar, APP For the Informant :

Mr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant through video conferencing. The petitioner has filed the instant application for regular bail in connection with Obra P.S. Case no. 71 of 2020 registered under section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, it is stated that as a result of a dispute relating to construction of wall the previous day, Anil Paswan shot the informant's brother leading to his death. Other accused persons also assaulted.

It is submitted by learned counsel for the petitioner that it is as a result of dispute between the parties that the petitioner has been falsely implicated in the case. The

Patna High Court CR. MISC. No.12394 of 2021(2) dt.25-06-2021 2/2 occurrence took place in a manner other than what has been narrated in the FIR. The main allegation is not against this petitioner, and he is in custody since 6.4.2020. The application for bail is opposed by learned Additional Public Prosecutor for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that besides the petitioner being named in the FIR there is allegation of assault against all the accused persons including this petitioner.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the main allegation of firing being against Anil Paswan and the petitioner having remained in custody for 1 year 2 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Obra P.S. Case no. 71 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Aurangabad.

(Partha Sarthy, J) Prakash/- U