Deepak Paswan @ Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20055 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== Deepak Paswan @ Abhay Kumar Son of Ganga Ram Paswan R/O Village - Bhawanandpur, P.S.- Beerpur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 09-05-2025 Heard the leaned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The Petitioner seeks regular bail in connection with Beerpur P.S. Case No. 179 of 2024 for the offences punishable under Sections 191(2), 190, 115(2), 127(2), 103(1) of the B.N.S. Petitioner has clean antecedent.

3. The prosecution case in brief is that the petitioner along with nine other named persons had assaulted two persons, who were apprehended on the pretext of committing theft. The informant has alleged that when the police arrived at the place of occurrence, the two persons namely, Rahul Kumar and Mohit were found to be tied with a tree and it was alleged that the named accused along with 60-70 unknown persons had assaulted the two persons.

Patna High Court CR. MISC. No.20055 of 2025(2) dt.09-05-2025 2/3

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as there is general and omnibus allegation against all the accused persons. It has further been submitted by the learned counsel that there is no eye witnesses to the said occurrence and subsequently during the investigation, a story of the boy, namely, Mohit Kumar having love affair with one of the girl of the village is also connected with the case. It has also been submitted by the learned counsel that the named accused person, namely, Raja Ram Paswan has been granted bail by this Hon'ble Court and the petitioner has clean antecedent and he is in custody since 07.09.2024.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail and has stated that the petitioner was one of the person in the mob who had assaulted the two persons among whom Mohit Kumar had subsequently died.

6. Considering the aforesaid facts and the submissions made by the respective parties and taking into the fact that there is general and omnibus allegation against all the accused persons and also taking into account the fact that similarly situated accused person namely Raja Ram Paswan has been

Patna High Court CR. MISC. No.20055 of 2025(2) dt.09-05-2025 3/3 granted bail by this Hon'ble Court, I am inclined to grant the petitioner privilege of regular bail.

7. Accordingly, the prayer for bail is allowed.

8. Let the petitioner, above named, be released 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 court of learned Judicial Magistrate 1st Class, Begusarai, in connection with Beerpur P.S. Case No. 179 of 2024.

9. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Siwani/- U T