Mahesh Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77328 of 2018 Arising Out of PS. Case No.-98 Year-2018 Thana- KHUTAUNA District- Madhubani ====================================================== 1.

Mahesh Paswan 2.

Ramesh Paswan Both S/o Pawan Paswan R/o Village Ekdara,P.S. Khutauna,Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Earlier vide order dated 11.01.2019 passed in the present proceeding, petitioner no. 2 namely, Ramesh Paswan has been granted bail by this Court.

The petitioner no. 1 seeks bail in a case instituted for the offences under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.

The prosecution case in short is that while the informant was returning from market, he was assaulted by the accused persons due to which he sustained injuries. It has been submitted on behalf of the petitioner that the petitioner no. 1 is in custody since 7.9.2018 and has got no

Patna High Court CR. MISC. No.77328 of 2018(5) dt.19-06-2019 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 1. Charge-sheet has been submitted in the present case. The petitioner no. 1 has falsely been implicated in the present case. There is a case and counter case between the parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner no. 1 is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner no. 1 namely Mahesh Paswan, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 98 of 2018. (Sudhir Singh, J) Pankaj/- U T