Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35800 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- BIKRAM District- Patna ====================================================== SHAMBHU PASWAN S/O LATE DURJAN PASWAN Resident of Village Baigwa, P.S.- Bikram, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 341, 323, 448, 325, 354B, 427 and 34 of the Indian Penal Code. As per the prosecution case, it is stated by the informant that on her going to the house of the accused persons to complain about the misbehaviour of Vinod Kumar and Mathura Prasad who were teasing his 17 year old daughter, it is stated that the informant was abused and assaulted by the nine named accused persons including the petitioner herein. The petitioner sprinkled kerosene oil but on the neighbours gathering there, the accused persons went away threatening that they would make the photographs of his daughter viral. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.35800 of 2022(3) dt.18-01-2023 2/2 that the petitioner has been falsely implicated in the case. The cause of occurrence as also the occurrence as stated in the FIR are false and concocted. Most of the accused persons have been enlarged on bail by the learned trial court. The petitioner is in custody since 12.10.2021, has no criminal antecedent and chargesheet has been submitted.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the petitioner having remained in custody for 1 year 3 months since 12.10.2021, not having any criminal antecedent and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bikram P.S. Case no. 41 of 2021 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 Sessions Judge V, Danapur, Patna.

(Partha Sarthy, J) Spd/- U T