Chandra Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55081 of 2017 Arising Out of PS.Case No. -239 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Chandra Vijay Paswan S/o Bindeshwar Paswan, R/o Village- Raitha, P.S.- Chandi, District- Nalanda. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chandi P.S. Case No. 239 of 2007 registered under Section 147, 148, 149, 323, 379, 354 and 504 of the Indian Penal Code.

As per the prosecution case, the petitioner along with seven other accused persons are said to have intruded into the house of the informant and resorted firing. Binay Paswan tried to eliminate him by wrapping Gamchha around his neck. They also damaged his household articles and Sheobalak Paswan resorted firing in the course of retreat.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather

Patna High Court Cr.Misc. No.55081 of 2017 (02) dt.15-12-2017 - 2 - general and omnibus in nature. He has no concern with the aforesaid occurrence. Petitioner only happens to be member of the mob. The allegation of resorting firing is on the accused Shivalak Paswan and not against the petitioner. There is a case and counter case between the parties. The petitioner has been languishing in custody since 31.08.2017.

In the facts and circumstances of the case, 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chandi P.S. Case No.239 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U