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Patna High CourtCR. MISC./24705/2022bail granted

Jitendra Paswan v. The State Of Bihar

2023-01-12Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24705 of 2022 Arising Out of PS. Case No.-12 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== JITENDRA PASWAN Son of Sheo Nandan Paswan Resident of Village - Chaksarwar, P.S. - Athamalgola, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38921 of 2022 Arising Out of PS. Case No.-12 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== CHITRANJAN PASWAN Son of Jitendra Paswan Resident of Village - Chaksarwar, P.S.- Athamalgola, District - Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 24705 of 2022) For the Petitioner/s :

Mr. Jitendra Kumar, Adv.

Mr. Dhaneshwar Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 38921 of 2022) For the Petitioner/s :

Mr. Jitendra Kumar, Adv.

Mr. Dhaneshwar Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that on the police personnel going to execute the

Patna High Court CR. MISC. No.24705 of 2022(3) dt.12-01-2023 2/3 warrants against the accused persons of other cases, it is stated that the same was opposed to by the accused persons who also made an attempt to loot the arms of the police personnel. The two petitioners were identified amongst the accused persons who raised halla and assaulted the police personnel. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case because of village politics. The allegations are general and omnibus in nature. The case of the petitioners stand on a similar footing to that of other accused who have been enlarged on bail vide order dated 28.9.2022 passed in Cr. Misc. no.70514 of 2021 and Cr. Misc. no.40776 of 2022. The petitioners are in custody since 31.1.2022 and 1.3.2022 respectively and have no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, grant of bail to the above mentioned co-accused and chargesheet having been submitted in the case, the Court directs the two petitioners to be enlarged on bail in connection with Athamalgola P.S. Case no.12 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.24705 of 2022(3) dt.12-01-2023 3/3 amount each to the satisfaction of the learned S.D.J.M., Barh, District Patna.

(Partha Sarthy, J) Saurabh/- U T