Rajdeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14085 of 2021 Arising Out of PS. Case No.-293 Year-2020 Thana- PARSABAZAR District- Patna ====================================================== RAJDEO PASWAN Son of Late Lakhan Paswan Resident of Sakaricha, Police Station - Parsa Bazar, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishan Jha, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP For the Informant :

Mr. Dhirendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.

As per the prosecution case, the six named accused persons including the petitioner herein are stated to have entered the house of the petitioner variously armed and assaulted the brother-in-law (Jija) of the informant as a result of which he was injured and admitted to PMCH where he died in course of treatment.

It is submitted by learned counsel for the petitioner that the allegations as narrated in the FIR are false and

Patna High Court CR. MISC. No.14085 of 2021(3) dt.06-08-2021 2/3 concocted. Even otherwise the allegations are general and omnibus in nature. No specific overt act has been alleged against the petitioner. From perusal of the FIR itself, the cause of false implication would be evident which is pending land dispute between the parties. The petitioner is in custody since 10.8.2020, investigation in the case has concluded and he has no criminal antecedent.

The application for bail is opposed by learned counsel for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that it is a case of brutal murder committed by the accused persons lead by the petitioner in broad day light at 12 noon. It is submitted that the allegations against the petitioner are supported in course of investigation by the informant in his further statement as also witnesses Ranju Devi, Ranjan Kumar besides others. The postmortem report further confirms the allegations levelled in the FIR. It is not a case for grant of bail. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations against the petitioner together with the petitioner having remained in custody since 10.8.2020, the Court directs the petitioner to be enlarged on bail in connection with Parsa Bazar P.S. Case no. 293 of 2020 on furnishing bail

Patna High Court CR. MISC. No.14085 of 2021(3) dt.06-08-2021 3/3 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VIII, Patna. (Partha Sarthy, J) Prakash/- U