Arun Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32875 of 2020 Arising Out of PS. Case No.-367 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ARUN KUMAR PASWAN Son of Devan Paswan Resident of VillagePanapur Gaurahi Chaksakra, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ankit Kumar, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Hajipur Sadar P.S. Case No. 367 of 2019 registered under sections 302, 307, 326, 147, 148 and 149 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, there was dispute between the parties while the informant and others were playing cricket. It is stated that the accused persons specially Jaiprakash Rai took away the mobile phone. The informant and others followed him and on their asking for their mobile, they were assaulted by Jitendra Paswan with a rod and in the firing by one Sanjeet Singh, Abhishek Kumar was injured and later

Patna High Court CR. MISC. No.32875 of 2020(2) dt.08-12-2020 2/2 succumbed to his injuries.

It is submitted by learned counsel for the petitioner that as per allegation in the FIR, the petitioner at best can be said to be a member of the mob. No overt act has been alleged against him. The allegations are general and omnibus in nature. The petitioner is in custody since 29.1.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations made against the petitioner in the FIR together with his being in custody since 29.1.2020, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Hajipur Sadar P.S. Case No. 367 of 2019 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 District and Sessions Judge-X, Vaishali at Hajipur.

(Partha Sarthy, J) sushma/- U T