Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22832 of 2021 Arising Out of PS. Case No.-511 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== ASHOK PASWAN S/o Vriksha Paswan Resident of Village- Bahlolpur, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 24.09.2020, seeks regular bail in connection with Paroo P.S. Case No. 511 of 2020, for the offence punishable under Sections 147, 148, 149, 323, 302 and 120(B) of the Indian Penal Code. The prosecution case, in brief, is that while the husband of the informant was at his door, in the meantime, coaccused Sohan Nutt came and asked him to accompany for some necessary works at his house and after that all the accused persons along with the petitioner assaulted the husband of the informant and also killed him by pressing his neck.

Patna High Court CR. MISC. No.22832 of 2021(4) dt.18-01-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in this case due to dirty village politics. He further submits that there is general and omnibus allegation levelled against the petitioner. The petitioner has clean antecedent and he is a sole bread earner of the family.

Learned A.P.P. for the State has opposed the prayer for bail. He has placed reliance on several paragraphs of the case diary, particularly, paragraph Nos. 03, 07 and 10 in which there is allegation that petitioner was also one of the accused, who has assaulted the deceased as a result he died on the same day due to hemorrhage.

Considering the aforementioned facts and circumstances of the case and rival submissions of the parties, it appears that there is general and omnibus allegation against the petitioner and there is no direct allegation of assault against the petitioner. The trial of the petitioner is not likely to be concluded in near future due to pandemic of Covid-19, the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-III, West Muzaffarpur in connection with Paroo P.S. Case No. 511

Patna High Court CR. MISC. No.22832 of 2021(4) dt.18-01-2022 3/3 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

Let the case diary of the present case be utilized in Criminal Miscellaneous No. 47121 of 2021.

(Purnendu Singh, J) manish/- U T