Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10588 of 2023 Arising Out of PS. Case No.-177 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== SHAMBHU PASWAN Son of Late Ram Prasad Paswan R/v- Kothi Tole Rajwara, P.S.- Manigachhi (Nehra O.P.), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Manigachhi P.S. Case no.177 of 2022 registered under sections 302, 307, 147, 148, 149, 332, 333, 353, 188, 504, 283 and 120B of the Indian Penal Code.

3. As per the prosecution case, pursuant to the order of the High Court, on the informant and others having proceeded to remove the encroachment, it is stated that 41 named accused persons including the petitioner herein as also 100-150 unknown accused persons resorted to pelting of stone etc. on the police personnel. In the occurrence, it is stated that 10-15 police personnel were injured while one of them succumbed to his injuries on way to the hospital.

Patna High Court CR. MISC. No.10588 of 2023(2) dt.15-05-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that he happens to be resident of a place in the vicinity where the alleged occurrence took place. The allegations are general and omnibus in nature. The petitioner is in custody since 29.8.2022 and has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR being general and omnibus in nature, the petitioner having remained in custody for more than 8 months since 29.8.2022, not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Manigachhi P.S. Case no.177 of 2022 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 A.C.J.M.-V, Darbhanga.

(Partha Sarthy, J) Bibhash U T