Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36799 of 2021 Arising Out of PS. Case No.-423 Year-2020 Thana- NAGAR District- Vaishali ====================================================== ASHOK PASWAN S/O LATE PALTAN PASWAN R/O BAGMALI, KHATAJANGI, P.S.- HAJIPUR TOWN, DISTRICT-VAISHALI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 143, 145, 147, 149, 186, 181, 341, 323, 332, 333, 336, 337, 338, 353, 427 and 504 of the Indian Penal Code and section 45 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received that the petitioner was indulging in trade of liquor a raid was conducted. On reaching the place of occurrence, it is stated that about 200 accused persons started protesting in a violent manner and obstructing the police from performing their duty. They started to pelt stones etc. in which the police personnel were injured. It is stated that on a secret information it transpired that the five named accused persons including the

Patna High Court CR. MISC. No.36799 of 2021(2) dt.11-01-2022 2/2 petitioner herein and two hundred unknown persons were involved in the occurrence.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He has no criminal antecedent. The allegations are general and omnibus in nature and he is in custody since 15.3.2021. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having any criminal antecedent and having remained in custody for over 9 months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Hajipur (Town) P.S. Case no. 423 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II - cum - Excise Court, Vaishali at Hajipur.

(Partha Sarthy, J) Spd/- U T