Sharwan @ Shrawan Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36401 of 2021 Arising Out of PS. Case No.-274 Year-2014 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SHARWAN @ SHRAWAN PANDIT S/o Sahdev Pandit R/o villageNayatola Vishanpur, P.S.- Muffasil (Lakho O.P.), District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54523 of 2021 Arising Out of PS. Case No.-274 Year-2014 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SALO SAH @ SHAILENDRA SAH S/O VIPAT SAH RESIDENT OF VILLAGE- SITARAMPUR, P.O.- DHABAULI P.S.- MUFFASIL, DISTRICT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 36401 of 2021) For the Petitioner/s :
Mr.Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 54523 of 2021) For the Petitioner/s :
Mr. Anjana, Advocate For the Opposite Party/s :
Mr.Raj Kishore Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the State. Petitioners seek regular bail in connection with Muffasil P.S. Case No. 274 of 2014, registered for the offences punishable under Sections 147, 148, 149, 324, 384, 38, 307, 44,
Patna High Court CR. MISC. No.36401 of 2021(3) dt.04-04-2022 2/3 364 of the Indian Penal Code 1860 and Section 27 of the Arms Act.
The prosecution case, as per the First Information Report, is that altogether 29 named accused persons, including the petitioners arrived at the land of the informant for the purpose of taking its possession by constructing a hut over it and on protest, three accused persons namely, Ghuro Paswan, Bisheshwar Paswan and Sunil Sah assaulted the informant by means of Gupti and Bisheshwar Paswan also fired upon him, but the same did not hit the informant.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case along with large number of accused persons and from perusal of the First Information Report, it appears that no overt act has been alleged against the petitioners. He further submits that petitioners have got no criminal antecedent. He next submits that the co-accused persons against whom there is allegation of assault by means of Gupti and firing have been granted bail by this Court as well as co-ordinate Benche of this Court in Cr. Misc. Nos.66474 of 2021, 70649 of 2021, 2813 of 2022, 5311 of 2018, 56329 of 2021 and 59712 of 2021 respectively.
Regards being had to the submission made by the
Patna High Court CR. MISC. No.36401 of 2021(3) dt.04-04-2022 3/3 parties and taking into consideration the materials available on record and the fact that petitioners have got no criminal antecedents, similarly situated co-accused persons have been granted bail by this Court as well as co-ordinate Bench of this Court, the petitioners are in custody since 5.3.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.
Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 274 of 2014. (Anil Kumar Sinha, J) S.Ali/- U