Varun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23105 of 2021 Arising Out of PS. Case No.-350 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== VARUN PASWAN Son of Lalbahadur Paswan Resident of Village - Basanta Jahanabad, P.S.- Lalganj, District - Vaishali at Hazipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niranjan Parihar, Adv.
For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioner seeks bail in connection with Lalganj P.S. Case No.350 of 2018, registered for the offence punishable under Sections 363 and 364 of the IPC.
The prosecution case in short is that the brother of the informant has been kidnapped by one Mithun Sahni, who took the name of accused petitioner along with other co-accused in the commission of the alleged occurrence.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as
Patna High Court CR. MISC. No.23105 of 2021(3) dt.26-10-2021 2/2 alleged in the FIR. No offence as alleged has ever taken place. The petitioner is not named in the FIR but his name transpired in this case on the basis of confessional statement of the FIR named accused. He has been falsely implicated in this case due to village politics. Similarly situated co-accused namely Vijay Rai and Ramesh Ram have been granted bail vide order dated 17.08.2019 passed in Cr. Misc. No.26296 of 2019 and 06.11.2020 passed in Cr. Misc. No.25642 of 2020 respectively by the co-ordinate Benches of this court. There is no eye witness in the present case and no specific allegation has been levelled upon the petitioner. The petitioner has one criminal antecedent and has been languishing in custody since 07.10.2020.
Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XIth, Vaishali at Hajipur, in connection with Lalganj P.S. Case No.350 of 2018. (Anjani Kumar Sharan, J) pallavi/- U T