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Patna High CourtCR. MISC./17577/2024allowed

Shital Paswan v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17577 of 2024 Arising Out of PS. Case No.-288 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Shital Paswan Son of Jiyalal Paswan Resident of Village- Khairwa, P.S. Rajepur, District- East Champaran , Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 447, 341, 323, 324, 325, 379, 307, 504, 506/34 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they due to previous enmity came at the house of the informant and started abusing and assaulting. During the occurrence, the petitioner assaulted mother-in-law of the informant by means of farsa due to which she sustained injuries.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.17577 of 2024(2) dt.14-03-2024 2/2 committed no offence. He has falsely been implicated in this present case due to dirty village politics. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. As per impugned order, it appears that two lacerated wounds were sustained by the injured. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.12.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajepur P.S. Case No. 288 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari.

(Sunil Kumar Panwar, J) manishkumar/- U T