Dinesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45189 of 2021 Arising Out of PS. Case No.-277 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== DINESH PASWAN Son of Late Sakaldeo Paswan Resident of Village - Ratauli, Ward No.4, P.s.- Muffasil (Singhaul O.p), Dist.- Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2022 Heard Mr. Arun Kumar Singh, learned counsel for the petitioner and Mr. Syed Ehteshamuddin, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Begusarai Mufassil (Singhaul OP) PS Case No. 277/2021 registered for the offence punishable under Sections 147, 148, 149, 341, 379, 323, 307, 386, 387, 427, 504, and 506 of the IPC and Section 27 of the Arms Act.
As per First Information Report, altogether 12 named accused including the petitioner and 8-10 unknown persons stopped the vehicles belonging to the informant and assaulted the driver, snatched sum of Rs. 25,000/- from the driver and fired upon the driver and the informant.
Patna High Court CR. MISC. No.45189 of 2021(2) dt.07-02-2022 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of concocted story inasmuch as the fact of the matter is that the informant is running brick kiln in the village and the vehicle of the informant being driven by the driver, hit one minor girl of the village, due to which, the villagers stopped the vehicles, caught the driver and demanded compensation. He further submits that no overt-act has been alleged against the petitioner in the present case and the allegation against all the accused persons is general and omnibus in nature.
Learned counsel next submits that similarly situated co-accused, namely, Dilip Kumar Paswan @ Dilip Kumar has been granted bail by this Court vide Cr. Misc. No. 43693/2021, the petitioner has got no criminal antecedent and he is in custody since 25.05.2021.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that that similarly situated co-accused has been granted bail by this Court, allegation against the petitioner is general and omnibus in nature along with a large number of accused persons, petitioner has got no criminal antecedent and is in custody since 25.05.2021, charge-sheet has been submitted and
Patna High Court CR. MISC. No.45189 of 2021(2) dt.07-02-2022 3/3 no apparent injury caused to the victim has been brought on record by the prosecution, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, DINESH PASWAN be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai (Singhaul OP) PS Case No. 277/2021.
(Anil Kumar Sinha, J) perwez U T