Deepak Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20320 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- CHANDI District- Nalanda ====================================================== Deepak Paswan S/O Arjun Paswan Resident of Village- Maheshpur, P.S.- Chandi, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Chandi P.S. Case No. 112 of 2022 dated 21.03.2022, instituted for the offence punishable under Sections 147, 149, 341, 323, 307, 337, 338, 379, 504, 506 of the Indian Penal Code and later on, charge sheet has been submitted under Sections 147, 149, 341, 323, 307, 302, 504, 506 of the Indian Penal Code.

3. The prosecution case, in short, is that on 21.03.2022 at 09.30 A.M., when the informant came from farming land, he saw that his sister-in-law Swalata Sinha was arguing with Gulsan Paswan. On intervening by the informant, the petitioner and other co-accused assaulted them with Lathi, Khanti and stones, due to which the informant, Mithun Paswan and Kanchan Devi sustained injury. It is further alleged that the petitioner and

Patna High Court CR. MISC. No.20320 of 2023(2) dt.17-05-2023 2/2 co-accused threatened them. During this, informant's 'mangalsutra' was misplaced.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. Learned counsel for the petitioner submits that there is case and counter case between the parties. Petitioner side lodged an F.I.R. against the informant side bearing Chandi P.S. Case No. 111 of 2022. Lastly, it has been submitted that the petitioner is in custody since 25.03.2022 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Hilsa (Nalanda), District- Nalanda, in Chandi P.S. Case No. 112 of 2022. (Khatim Reza, J) premchand/- U