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Patna High CourtCR. MISC./5258/2024bail granted

Jogindra Paswan @ Jogindar Paswan @ Yogendra Paswan v. The State Of Bihar

2024-03-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5258 of 2024 Arising Out of PS. Case No.-87 Year-2020 Thana- ANGARGHAT District- Samastipur ====================================================== Jogindra Paswan @ Jogindar Paswan @ Yogendra Paswan (Male), aged about 70 years, S/O Late Gango Paswan Village- Harpur Rewari, PS. Angarghat, Dist. Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Learned counsel for the petitioner has filed a supplementary affidavit which is kept on record.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner is in custody in connection with Angarghat P.S. Case No. 87 of 2020 registered for an offence punishable under Sections 341, 323, 324, 307, 354, 379, 447, 504 and 506/34 of the Indian Penal Code.

4. As per prosecution case, petitioner and co-accused persons assaulted the informant and his mother with hasua and iron rod and when their family members tried to save them, other co-accused persons assaulted them with lathi and danda.

5. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that there is no repeated blow by the petitioner. He next submits that similarly situated co-accused has already been granted bail by a

Patna High Court CR. MISC. No.5258 of 2024(3) dt.05-03-2024 2/2 Co-ordinate Bench of this Court passed in Cr. Misc. No. 6953 of 2024 vide Anneuxre-4 to the supplementary affidavit and petitioner is in custody since 10.12.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Dalsingsarai, Samastipur in connection with Angarghat P.S. Case No. 87 of 2020 with 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.

8. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T