Krishna Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28791 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- TISIAUTA District- Vaishali ====================================================== 1.
KRISHNA PASWAN Son of Nagendra Paswan @ Lakhendra Paswan Resident of Village - Bijhrauli Bindichok, P.S.- Tisiauta, District - Vaishali. 2.
Heera Paswan @ Hera Paswan Son of Nagendra Paswan @ Lakhendra Paswan Resident of Village - Bijhrauli Bindichok, P.S.- Tisiauta, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2021 Heard the learned counsel for the petitioners and Shri Sanjay Kumar, the learned APP appearing for the State. The petitioners seek regular bail in connection with Tisiauta P.S. Case No. 50 of 2020 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 327, 307, 333, 353, 354(A), 354(B), 504 of the Indian Penal Code read with section 27 of the Arms Act.
The allegation is regarding the police force having gone to the alleged place of occurrence upon getting information that huge quantity of illicit foreign liquor has been kept at the said place of occurrence and when the said police personnel had raided the house of the accused persons, 33
Patna High Court CR. MISC. No.28791 of 2020(4) dt.05-01-2021 2/3 named and 100 unknown accused persons had reached on the spot and engaged in assaulting the police force, resulting in some of them having sustained injuries.
The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are languishing in custody since 05.06.2020. The learned counsel for the petitioners has further submitted that a general and omnibus allegation has been levelled as against the petitioners herein.
Per contra, the learned A.P.P. appearing for the State has vehemently opposed the prayer for bail, made by the petitioners.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on records as also those available in the case diary, this Court finds that prima facie, miniscule evidence is available so as to connect the petitioners with the alleged crime, hence, I deem it fit and proper to direct for release of the petitioners on regular bail. Accordingly, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.28791 of 2020(4) dt.05-01-2021 3/3 of learned C.J.M., Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 50 of 2020.
(Mohit Kumar Shah, J) Tiwary/- U T