Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28621 of 2021 Arising Out of PS. Case No.-306 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Chandan Paswan So of Late Nithalu Paswan @ Jai Shankar Paswan Resident of Village - Akhlashpur, P.S.- Bhabhua, Distt.- Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bhabhua P.S. Case No. 306 of 2020 instituted for the offences under Sections 147, 148, 149, 323, 324, 325, 307, 337 and 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 18.01.2021 and charge-sheet has been submitted in the case. He further submits that co-accused Chandra Shekhar Paswan @ Chandrasekhar Paswan along with seven others has been granted anticipatory bail vide order dated 08.04.2021 in Cr. Misc. No. 36278 of 2020.

Learned counsel for the petitioner submits that the allegation against this petitioner and the co-accused who have

Patna High Court CR. MISC. No.28621 of 2021(2) dt.23-11-2021 2/3 been granted anticipatory bail are similar in nature. Further, from bare perusal of the allegation as alleged in the F.I.R. it would manifest that general and omnibus allegation has been alleged with regard to the assault on the informant and his son and as far as brother of the informant is concerned, it is alleged that it was this petitioner along with Chandrashekhar Paswan who had assaulted. Learned counsel further submits that brother of the informant has received simple injury.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that both the informant and his brother were referred to Varanasi for treatment on which the learned counsel for the petitioner submits that the injuries on the informant were on the non-vital part of the body and the allegation of assault was general and omnibus against all and co-accused have been granted anticipatory bail as aforesaid.

Considering the fact that the petitioner is in custody since 18.01.2021, charge-sheet has been submitted in the case and the co-accused have been granted anticipatory bail by this Court, let the petitioner 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

Patna High Court CR. MISC. No.28621 of 2021(2) dt.23-11-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 306 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T