Mohan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48358 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- ALAMNAGAR District- Madhepura ====================================================== Mohan Paswan Son Of Late Jagdish Paswan Resident Of Village - Alam Nagar, Ward No. - 11, P.S. - Alam Nagar, District - Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Pandey For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-01-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Alam Nagar P. S. Case No.43 of 2020, instituted for the offences under Sections 341, 323, 324, 307, 379, 504, 506 read with Section 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 19.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that while she and her husband on 13.02.2020 at about 12.00 noon were reconstructing their house, the same was objected by the petitioner and named accused persons.

Patna High Court CR. MISC. No.48358 of 2021(2) dt.25-01-2022 2/3 Further when the informant asked them to stop abusing her, then Manjay Paswan assaulted by dabia on her forehead about her right eye and left eye. Thereafter, informant fell and became unconscious. Thereafter, it is alleged that petitioner along with other assaulted by bricks, fists and slaps and the petitioner removed her golden chain and when her husband tried to save her, he was also assaulted.

The learned counsel for the petitioner submits that from perusal of the allegation, it would manifest that the informant herself alleges that on account of repeated blow of dabia by Manjay Paswan, she became unconscious. Thus, it is submitted that if the informant became unconscious then how she could see that who assaulted whom and who snatched her chain. Thus, it is submitted that the petitioner has been falsely implicated and the allegation is of snatching is ornamental. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 19.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.48358 of 2021(2) dt.25-01-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Uda Kishunganj, Madhepura in connection with Alam Nagar P. S. Case No.43 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T