Hariom Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35454 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== HARIOM PASWAN S/O LATE NATHUN RAM R/O Anat Bigha, P.S. Rafiganj, Dist.-Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP For the Informant :

Mrs.Mukul Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 306/34 of the IPC. 3.

Allegedly, the F.I.R. named accused persons including the petitioners used to harass the brother of the informant, whose wife had some relationship with her brother-in-law and the deceased was subjected to misbehavior and physical beating at the hands of the petitioner and other accused persons, due to which, the deceased chose to commit suicide by hanging. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.35454 of 2023(3) dt.28-08-2023 2/2 place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent and several similarly situated co-accused have been granted anticipatory bail by this Court vide order dated 04.07.2023 passed in Cr. Misc. No.23965 of 2023 and order dated 27.07.2023 passed in Cr. Misc. No.37268 of 2023 and the case of the petitioner stands on similar footing. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Fesar P.S. Case No.147/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T