Patna High CourtCR. MISC./29025/2024bail granted

Kishor Paswan @ Nandkishor Paswan v. The State Of Bihar

2024-04-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29025 of 2024 Arising Out of PS. Case No.-126 Year-2022 Thana- SARMERA District- Nalanda ====================================================== Kishor Paswan @ NandKishor Paswan S/o Late Rajendra Paswan R/o vill - Husena, P.S. - Sarmera, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sarmera P.S. Case No. 126 of 2022 instituted for the offences under Sections 307, 341, 323, 325, 354 and 504 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the petitioner herein tried to outrage the modesty of the informant. She disclosed the incident with her family members and when her husband went to the house of the petitioner, the petitioner with intention to kill him assaulted him with the butt of rifle. The informant's husband became unconscious and he was admitted in Sarmera Hospital.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29025 of 2024(2) dt.29-04-2024 2/2 petitioner is innocent and has falsely been implicated in the present case. There is delay in lodging of the FIR for which there is no proper explanation. Charge-sheet has been submitted in this case. The petitioner is in custody since 23.11.2023 and has no criminal antecedent

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Sarmera P.S. Case No. 126 of 2022.

(Rudra Prakash Mishra, J) Prakash/- U