Ram Avtar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39290 of 2023 Arising Out of PS. Case No.-177 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== Ram Avtar Paswan S/O Late Manauri Paswan R/O Vill. Nehra Kothi, Ps. Manigachi (Nehra O.P) Distt. Darbhanga.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kedar Jha, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Manigachhi (Nehra O.P.) P.S. Case No. 177 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 188, 302, 307, 504, 283 of the Indian Penal Code.

4. The accused/petitioner is named in the F.I.R. and is in custody since 17.09.2022.

5. The allegation against the petitioner is to deter police officials while removing encroachment alongwith 41 named co-accused persons and 100-150 unknown co-accused persons and while deterring so also alleged to pelting stones to

Patna High Court CR. MISC. No.39290 of 2023(2) dt.26-07-2023 2/3 police personnels, where during the course of occurrence, the police vehicles got damaged and one Bihar Home Guard Personnel, namely, Chet Narayan Singh received serious injuries, who died later on during the course of treatment.

6. Learned Counsel appearing on behalf of the petitioner submitted that petitioner is neither encroacher nor the party of mob. It is submitted that being co-villager of encroachers, petitioner was implicated with present case without having any cogent material. It is also submitted that allegation is appearing very much general and omnibus against this petitioner without having any convincing circumstances. It is further submitted that several co-accused persons have been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 2328 of 2023 dated 29.04.2023. While concluding the argument, it is submitted that petitioner is a man of clean antecedent, and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above and by taking note of the fact as allegation against this petitioner is appearing very much general and

Patna High Court CR. MISC. No.39290 of 2023(2) dt.26-07-2023 3/3 omnibus qua physical assault, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 17.09.2022, accordingly, petitioner above named, is directed to be released on bail in connection with Manigachhi (Nehra O.P.) P.S. Case No. 177 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-V, Darbhanga/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T