Shailendra Paswan @ Shalendra Mohan Paswan @ Shailendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38700 of 2024 Arising Out of PS. Case No.-174 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Shailendra Paswan @ Shalendra Mohan Paswan @ Shailendra Paswan Son of Late Yogendra Paswan Resident of village - Benipur, P.S.- Bahera, Dist.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP For the Informant : Ms. Rabia Gulnar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 325, 308, 384, 386 & 504 of the Indian Penal Code, later on cognizance has been taken by the learned Court below under Section 147, 149, 323, 325, 308 & 504 of the IPC.
3. All the F.I.R. named accused person including this petitioner is said to have assaulted the informant's father and others by means of Tengari.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.38700 of 2024(2) dt.31-07-2024 2/2 It is further submitted that the doctor has found the injury of informant's father on nose and shoulder and both the injuries are swelling. It is further submitted that the petitioner has not assaulted on the nose of the informant's father rather the allegation is on the head but the doctor has not found any injury on the head. Thus, the injury report does not support the proseuction case. The petitioner has four criminal antecedents and has been languishing in custody since 01.02.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts and circumstances of the case as well as the fact that injury report does not support the prosecution case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bahera P.S. Case No.174 of 2023.
(Anjani Kumar Sharan, J) Trivedi/- U T