Shatrughan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31821 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- RUDRAPUR District- Madhubani ====================================================== SHATRUGHAN PASWAN son of Ram Prasad Paswan Village- Majhoura PsJhanjharpur Dist-Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rudrapur P.S. Case No. 142 of 2022 registered for the offence under Sections 341, 325, 504, 307, 506/34 of the Indian Penal Code and subsequently added Section 302 IPC.

The accused/petitioner is named in the F.I.R. and is in custody since 08.12.2022.

The allegation against the petitioner is to commit murder of one Dilip Paswan who alleged to be family member of informant during the course of occurrence alongwith other named co-accused persons, where dispute arises out of centering

Patna High Court CR. MISC. No.31821 of 2023(2) dt.21-06-2023 2/3 work/construction work of one Pawan Paswan, who is the family member of informant.

Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to assault is appearing very much general and omnibus against the petitioner as same was raised for 14 named accused persons. It is also submitted that at the time of occurrence, petitioner being co-villager was available at the place of occurrence, which is the house of one Pawan Kumar in connection with centering works, as a labour. It is pointed out that being co-villager only, petitioner was implicated with present case. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of the nature of general and omnibus allegation as regard to assault against this petitioner, coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 08.12.2022, accordingly, petitioner above named, is directed to be released on bail in

Patna High Court CR. MISC. No.31821 of 2023(2) dt.21-06-2023 3/3 connection with Rudrapur P.S. Case No. 142 of 2022 (G.R. No. 1459/2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jhanjharpur, District- Madhubani/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T