Patna High CourtCR. MISC./43625/2024bail granted

Ajay Paswan @ Ajay Kumar v. The State Of Bihar

2024-07-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43625 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Ajay Paswan @ Ajay Kumar Son Of Ram Sogarth Paswan @ Doman Paswan Village- Hati, P.S.- Biraul, Distt. -Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Madhumala Kumari, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Biraul P.S. Case No. 130/2024 dated 27.03.2024 registered for the offences punishable under sections 147/ 148/ 149/ 120B/ 186/ 188/ 341/ 342/323/324/325/332/333/353/307/337/354B/504/506 of the Indian Penal Code.

3. As per the prosecution case, the informant got information that a motorcycle was coming rashly and negligently from K. Asthan side and dashed with tempo. On the same time a police van was coming from opposite side due to which one person came under the van and died on the spot. The

Patna High Court CR. MISC. No.43625 of 2024(2) dt.20-07-2024 2/3 co-accused persons, Shashikant Jha and Dharmendra Singh are alleged to have instigate the 100-200 persons to enter the police station premises with intent to commit untoward incident and about 50 people entered the police station premises and threw the chairs and government documents outside the police station and some people were holding inflammable substance in their hands and sound was coming from the crowd to burn the police station. The petitioner is alleged to have abused, attacked upon the police party and also assaulted them with lathi, danda causing hindrance in discharging duties of public servant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is made accused in this case due to being member of the mob. There is no specific allegation against the petitioner rather the allegation is general and omnibus. The co-accused person has already been granted regular bail by this court vide order dated 15.05.2024 passed in Cr. Misc. No. 36947 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2024.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.43625 of 2024(2) dt.20-07-2024 3/3 opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Benipur, Darbhanga in connection with Biraul P.S. Case No. 130 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T