Rahul Paswan @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5029 of 2024 Arising Out of PS. Case No.-174 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Rahul Paswan @ Rahul Kumar, S/o Late Vaidhnath Paswan @ Baidyanath Ram, R/o Village- Barkurwa (Barkhruwa), P.S- Mufasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore, Advocate Mr. Hemant Kumar Sharan, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case no. 174 of 2023, registered under sections 302, 307, 379, 452, 147, 149, 323, 341 and 325 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the fifteen named accused persons entered the house of the informant. Pramod Paswan is said to have assaulted the informant with a rod on his head while Karan Paswan, Raushan Kumar and Bipin Paswan are said to have assaulted the grandmother of the informant and took away gold worth Rs.1.5 lacs besides certain amount in cash.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.5029 of 2024(2) dt.07-02-2024 2/2 petitioner has been falsely implicated in the case. Though he has been named in the FIR, no over act has been alleged against him. He is is in custody since 23.8.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, no over act having been alleged against this petitioner who is in custody for 5 months since 23.8.2023, his not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case no.174 of 2023, 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 Chief Judicial Magistrate, East Champaran, Motihari. (Partha Sarthy, J) avinash/- U T