Hira Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34919 of 2020 Arising Out of PS. Case No.-23 Year-2019 Thana- TISIAUTA District- Vaishali ====================================================== HIRA PASWAN Son of Mauni Paswan Resident of Village - Paur Malsah Mohammadpur, P.S. - Tisiauta, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Anil Kumar Singh, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Tisiauta P.S. Case No. 23 of 2019 for the offence punishable under Sections 341, 323, 307, 427, 436, 504, 506/34 of the Indian Penal Code.

The petitioner along with other accused persons is said to have set the house of the informant on fire resulting in grains worth Rs. 70,000/- having been burnt in the said fire. It is further alleged that the accused persons had inflicted sword blow on the informant causing cut injury on his head.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.34919 of 2020(2) dt.21-12-2020 2/2 the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 11.05.2020. The learned counsel for the petitioner has further submitted that a general and omnibus allegation of assault has been levelled against the petitioner. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that no specific allegation of any sort of overt act has been levelled against the petitioner herein, he is having a clean antecedent and is languishing in custody since 11.05.2020, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to 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 C.J.M., Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 23 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T