Mossafir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29933 of 2021 Arising Out of PS. Case No.-52 Year-2015 Thana- BELAGANJ District- Gaya ====================================================== 1.

Mossafir Paswan Son of Late Firangi Paswan Resident of VillageSundarpur, P.S.- Belaganj, District- Gaya. 2.

Dinesh Paswan @ Pappu Paswan Son of Yadu Paswan Resident of VillageSundarpur, P.S.- Belaganj, District- Gaya. 3.

Ramchandra Paswan Son of Anksha Paswan Resident of Village- Bhori, P.S.- Tekari, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-11-2021 Learned counsel for the petitioners submits that petitioner no. 3, Ramchandra Paswan died in custody as such the bail application against him has become infructuous. Hence, he be permitted to withdraw the bail application with respect to the petitioner no. 3.

Permission is accorded.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Belaganj P.S. Case No. 52 of 2015 instituted for the offences under Sections 147, 148, 149, 341, 447, 323, 325, 307 and 302

Patna High Court CR. MISC. No.29933 of 2021(2) dt.24-11-2021 2/3 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner has been falsely implicated in this case in connection with the alleged assault on the father of the informant and other persons of the informant's side. It is submitted that the accusation of assault is general and omnibus in nature against as many as 17 F.I.R. named accused persons including the petitioners.

Learned counsel for the petitioners submits that the petitioners are neighbours and are persons with clean antecedent and similarly situated co-accused Ram Lagan Paswan has been granted bail by order dated 12.02.2021 in Cr. Misc. No. 32971 of 2020.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody since 18.01.2021, charge-sheet has been submitted in the case, they are persons with clean antecedent and co-accused has been granted bail, let the petitioners no. 1 and 2 above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XI, Gaya in connection with

Patna High Court CR. MISC. No.29933 of 2021(2) dt.24-11-2021 3/3 Belaganj P.S. Case No. 52 of 2015 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T