Bhunesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39920 of 2023 Arising Out of PS. Case No.-299 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== BHUNESH PASWAN, aged about 68 yrs., Male, Son of Jiryodhan Paswan Resident of village - ward no. 1, Juafar, P.s. - Chauradano, Distt. - East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-07-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Chhauradano P.S. Case No. 299 of 2021 dated 15.11.2021 registered for the offence(s) punishable under Section(s) 188, 147, 148, 149, 341, 323, 324, 326, 307, 332, 333, 353, 379, 337, 338, 427, 290, 171(C) and 171(H) of the Indian Penal Code and Section 126 of R.P. Act.
3. The main submissions advanced by the learned counsel for the petitioner are that in the FIR, 46 persons including the petitioner have been named and 255 persons have been shown as unknown and as per the FIR the main allegation is against co-accused Sonu Kumar, ex-Mukhiya, who has been
Patna High Court CR. MISC. No.39920 of 2023(2) dt.17-07-2023 2/3 granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.13089 of 2022 and some other coaccused persons carrying similar nature of allegation, have also been granted bail by different co-ordinate Benches of this Court vide orders passed in Cr. Misc. Nos.66149 of 2022 and 65307 of 2022 and against the petitioner, there is no specific allegation and only two persons are stated to have sustained injury in the alleged occurrence and the instant matter relates to the violation of code of conduct in the Mukhiya election which resulted in the commission of said occurrence.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly fair and clean antecedent of the petitioner and also the facts that in the FIR there is no specific allegation against the petitioner and the main co-accused Sonu Kumar who instigated the other co-accused persons to commit the alleged occurrence is on bail and against the petitioner, the investigation has been completed, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Chhauradano P.S. Case No. 299 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two
Patna High Court CR. MISC. No.39920 of 2023(2) dt.17-07-2023 3/3 sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Sanjay/- U T