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Patna High CourtCR. MISC./21709/2021bail granted

Rohit @ Lolo Paswan @ Sunny @ Lolo Paswan @ Rohit Paswan @ Rohit Kumar Lolo v. The State Of Bihar

2021-10-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21709 of 2021 Arising Out of PS. Case No.-85 Year-2020 Thana- DELHA District- Gaya ====================================================== ROHIT @ LOLO PASWAN @ SUNNY @ LOLO PASWAN @ ROHIT PASWAN @ ROHIT KUMAR LOLO Son of Sanjay Paswan @ Pale Paswan @ Sanjay Kumar Resident of Mohalla - Bangla Asthan, P.S. - Kotwali, District - Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 387, 447 and 509 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated by the informant that on an earlier occasion an FIR being Delha P.S. Case no. 69 of 2020 was registered against the petitioner. The petitioner came to the informant's house, threatened and abused that the earlier case lodged against him should be compromised and in case the informant's son did not enter into a compromise, he would kill him. It is further stated that the petitioner fired as a result of which she ran inside the house.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner has been falsely implicated in the case because of previous enmity between the parties which would be

Patna High Court CR. MISC. No.21709 of 2021(2) dt.04-10-2021 2/2 evident from reading of the FIR itself. No one has been injured in the alleged occurrence. The petitioner is in custody since 15.6.2020 and charge sheet has been submitted in the case. It is further submitted that besides the cases mentioned in paragraph no. 3 of the petition, the petitioner is accused in two other cases.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioner having remained in custody for 1 year 3 months and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Delha P.S. Case no. 85 of 2020 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 I/C Additional Chief Judicial Magistrate VII, Gaya.

(Partha Sarthy, J) Prakash/- U