Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40925 of 2022 Arising Out of PS. Case No.-52 Year-2015 Thana- BELAGANJ District- Gaya ====================================================== MAHENDRA PASWAN Son of Ram Lagan Paswan Resident of Village - Sunderpur, P.S.- Belaganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv.

For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-11-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that the seventeen named accused persons including the petitioner herein as also one Satyendra Paswan, all of whom are the informant's neighbour, came variously armed. As a result of assault by all the accused persons, his father died while other members of the family were injured.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The reason for false implication is evident from the contents of the F.I.R. itself. The case of the petitioner stands on a similar

Patna High Court CR. MISC. No.40925 of 2022(3) dt.14-11-2022 2/2 footing to that of co-accused Satyendra Paswan who has been enlarged on bail vide order dated 1.4.2022 passed in Cr. Misc. no.53815 of 2021. The petitioner is in custody since 18.1.2022 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations against the accused persons in the F.I.R., grant of bail to coaccused Satyendra Paswan vide the aforesaid order dated 1.4.2022, the petitioner having remained in custody for about 10 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Belaganj P.S. Case no.52 of 2015 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 Chief Judicial Magistrate XI, Gaya.

(Partha Sarthy, J) Saurabh/- U T