Patna High CourtCR. MISC./37034/2020bail granted

Mukesh Paswan v. The State Of Bihar

2021-02-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37034 of 2020 Arising Out of PS. Case No.-301 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== MUKESH PASWAN S/o Suresh Paswan R/o Nunpur, P.S.- Hajipur Sadar, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2021 Heard Mr. Mrityunjay Kumar, learned counsel for the petitioner and Mr. Mukesh Kumar Singh, learned APP for the State.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 301 of 2019 dated 19.05.2019 instituted for the offences under Sections 341, 323, 302, 504 and 34 of the Indian Penal Code. The petitioner and several others are alleged to have assaulted the deceased by means fists and slaps leading to his death.

Learned counsel for the petitioner has submitted that there is an old land dispute between the parties and that the informant cannot be stated to be an eye witness to the occurrence as he reached the place of occurrence only after the assault was over.

Patna High Court CR. MISC. No.37034 of 2020(2) dt.02-02-2021 2/2 Apart from this, it has been submitted that no specific act has been attributed to the petitioner. Under similar circumstances one of the accused persons of this case has been granted bail by a Bench of this Court by order dated 28.05.2020 passed in Cr. Misc. No. 4707 of 2020.

The petitioner is in custody since 30.06.2020 and is a person of clean antecedent.

Considering the aforestated facts, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 301 of 2019.

(Ashutosh Kumar, J) krishna/- U T