Sunil Kumar Paswan @ Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40945 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- BHARGAMA District- Araria ====================================================== Sunil Kumar Paswan @ Sunil Paswan Son Of Rajdev Paswan Resident Of Village-Ghurghura, Sahasmal, Ward No. 16, P.O.-Bhojpur, P.S.-Tarabari, District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 325, 447, 354(B), 302, 504 and 506 of the Indian Penal Code.

Allegation against the co-accused person along with this petitioner is that they assaulted the father of the informant for land dispute. It is further alleged that when the family members of the informant went to save the informant's father, then all accused persons started assaulting to them. Later on, the informant's father was brought to hospital where he succumbed to injuries.

Patna High Court CR. MISC. No.40945 of 2023(2) dt.14-07-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute and also there is inimical term between both the parties. It is further submitted that no specific allegation has been attributed against the petitioner rather the specific allegation of assault due to which the injured succumbed to injuries is against co-accused Sitaram Paswan who assaulted the deceased by means of Axe on his head. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. It is also submitted that similarly situated other co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 series of this petition. Moreover, the petitioner is languishing in judicial custody since 02.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhargama P.S. Case

Patna High Court CR. MISC. No.40945 of 2023(2) dt.14-07-2023 3/3 No. 103 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Araria. (Sunil Kumar Panwar, J) shubham/- U T