Patna High CourtCR. MISC./23071/2025bail granted

Upendra Paswan v. The State Of Bihar

2025-04-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23071 of 2025 Arising Out of PS. Case No.-2 Year-2016 Thana- BANDHUWA KURAWA District- Banka ====================================================== Upendra Paswan S/o Sukumar Paswan R/o Village- Ambatari, PS- Bandhua Kurawa, District- Banka ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bandhua Kurawa P.S. Case No. 02/2016 dated 11.10.2016 registered for the offence punishable u/s 147, 148, 149, 188, 107, 109, 113, 116, 353, 307 and 332 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the allegation against the petitioner and the co-accused persons is of firing against the police and pelting stones just to create obstruction in the discharge of official duties.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.23071 of 2025(2) dt.29-04-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is member of the mob. The specific allegation of firing is against the co-accused Amar Paswan, who has been granted bail by the Co-ordinate Bench of this Court vide order dated 19.04.2017 passed in Cr. Misc. No. 18357/2017. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Bandhua Kurawa P.S. Case No. 02/2016.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T