Patna High CourtCR. MISC./31500/2018bail granted

Arjun Paswan v. The State Of Bihar

2018-05-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31500 of 2018 Arising Out of PS.Case No. -183 Year- 2013 Thana -KHIJARSARAI District- GAYA ======================================================

1. Arjun Paswan, S/o Late Etbari Paswan, R/o Vill.- Keaur, P.S.- Hulasganj in the District of Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Khizarsarai P.S. Case No. 183 of 2013 registered under Section 395, 397, 328 of the Indian Penal Code.

10-15 unknown miscreants are said to have committed dacoity in the house of the informant and also assaulted the informant by means of fire arms inflicting injury in his right hand and thigh during the course of dacoity.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent. He has no concern with the aforesaid occurrence. He is neither named in the F.I.R. nor he was apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. The allegation

Patna High Court Cr.Misc. No.31500 of 2018 (02) dt.22-05-2018 - 2 - levelled against the petitioner is not specific rather general and omnibus in nature. He has been falsely implicated in this case due to land dispute. I.O. has submitted chargesheet under Section 307 IPC. Moreover, the assailant of the informant is not ascertained. There is no cogent and tangible evidence against the petitioner. The petitioner has been languishing in custody since 28.03.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Khizarsari P.S. Case No. 183 of 2013. (Prakash Chandra Jaiswal, J) Trivedi/- U T