Amar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36361 of 2024 Arising Out of PS. Case No.-326 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Amar Paswan Son Of Ram Udgar Paswan Resident Of Village - Siuri, P.S. - Cheriya Bariyarpur (Manjhaul O.P.), District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Cheria Bariarpur (Manjhaul) P.S. case No. 326 of 2023 instituted for the offences under Sections 147, 148, 149, 448, 307, 387, 354B, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3.
Prosecution case, in short, is that all the accused persons including the petitioner armed with lathi, danda arrived at the place of occurrence and started abusing and assaulting the
Patna High Court CR. MISC. No.36361 of 2024(2) dt.15-05-2024 2/3 informant. It is further alleged that co-accused Manish Kumar started pressing the neck of the informant. Moreover, coaccused Manjesh fired on the son of informant. 4.
Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of firing on the son of the informant is attributed to co-accused Manjesh Paswan. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.11.2023 and has two criminal antecedents. Other co-accused has been granted bail by this Court vide order dated 20-03-2024, passed in Cr. Misc. No. 21067 of 2024.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, claim based on parity, no direct allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.36361 of 2024(2) dt.15-05-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Cheria Bariarpur (Manjhaul) P.S. case No. 326 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T