Udal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13022 of 2022 Arising Out of PS. Case No.-60 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== Udal Paswan Son of Late Chandar Paswan Resident of Village- Mandai, P.S.- Khizarsarai, District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate.

For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner, no-one appears on behalf of the State.

The petitioner seeks regular bail in connection with Khizarsarai P.S. Case No. 60 of 2021 lodged under Sections 341, 342, 323, 307, 373, 435, 504, 506 & 34 of the Indian Penal Code.

As per the allegation made in the F.I.R. one Chhotu Paswan, the informant has stated that he was sleeping in his house then the petitioner alongwith 6 other persons visited in the Khalihan which was on Gairmajurwa Land and burnt the paddy crop of informant kept there. Upon request not to do so they all attacked with Lathi, Khanti etc. on the father of the informant. In result the informant's father suffered head injury. Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.13022 of 2022(2) dt.08-07-2022 2/3 no direct allegation against the petitioner rather a general and omnibus allegation has been made against the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 28.06.2021. He further submits that two named co-accused namely Dipnarayan Paswan and Gariban Paswan who are similarly situated were granted bail by the co-ordinate Bench of this Court vide orders dated 13.04.2022 and 11.04.2022 passed in Cr. Misc. No.61483 of 2021 and Cr. Misc. No.46233 of 2021 respectively.

In the present facts and circumstances of this case that there is no direct allegation rather general and omnibus allegation has been made against the petitioner, considering the period of custody of petitioner and with a view to maintain the parity, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 4th, Gaya in connection with Khizarsari P.S. Case No. 60 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

The petitioner is directed to appear on each and every date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail

Patna High Court CR. MISC. No.13022 of 2022(2) dt.08-07-2022 3/3 bond. If he shall involve in such type of activities again, the prosecution shall be at liberty to move for cancellation of his bail bond.

With this observation, the bail application stands disposed of.

(Dr. Anshuman, J.) ritik/- U T