Mukesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30122 of 2020 Arising Out of PS. Case No.-146 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Mukesh Paswan aged about 35 yrs, Male, son of Tulsi Paswan, resident of village - Salempur, P.S.- Sadar Hajipur, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Bela Singh For the Opposite Party/s :
Mr. Md. Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2020 Heard Mrs. Bela Singh, learned counsel for the petitioner and Mr. Md. Sufiyan, learned counsel appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Sadar Hajipur P.S. Case No. 146 of 2019, G.R. No. 1330 of 2019 registered for the offence under Section 341 / 342 / 326 / 307 / 504 / 34 of the I.P.C.
The allegation as per the First Information Report is that the petitioner caught hold the informant and the co-accused Rakesh Paswan poured petrol in his mouth and set him on fire due to which he received burn injuries.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.30122 of 2020(2) dt.27-11-2020 2/3 petitioner has falsely been implicated in this case due to land dispute. Learned counsel further submits that injuries caused to the informant do not support the prosecution story inasmuch as during the course of investigation it has come to light that the victim had fallen after taking toddy and injuries have not been found on the mouth rather it was found on the neck of the victim. Learned counsel further submits that a co-ordinate Bench of this court taking into consideration the materials available on record has granted bail to the co-accused /Rakesh Paswan against whom there is specific allegation of causing injury to the victim vide Cr. Misc. No. 84883 of 2019 (Annexure- 2 to this bail application).
Learned counsel further submits that petitioner is in custody since 12.06.2020. Having regard to the submission made by the parties and taking into consideration the materials available on record and the fact that co-accused has been granted bail by a coordinate Bench of this court , I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in
Patna High Court CR. MISC. No.30122 of 2020(2) dt.27-11-2020 3/3 connection with Sadar Hajipur P.S. Case No. 146 of 2019, G.R. No. 1330 of 2019.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U