Nageshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37433 of 2020 Arising Out of PS. Case No.-301 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== NAGESHWAR PASWAN son of Late Devki Paswan Resident of VillageNunpur, PS- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2021 Heard Mr. Mrityunjay Kumar, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 301 of 2019 registered for the offences punishable under Sections 341, 323, 302 and 504/34 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that all the co-accused persons named in the First Information Report surrounded the father of the informant and assaulted him by means of lathi and stick, due to which, he died. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute between the parties and similarly situated co-accused

Patna High Court CR. MISC. No.37433 of 2020(2) dt.03-02-2021 2/2 persons have been granted regular bail by co-ordinate Benches of this Court in Cr. Misc. Nos. 4707 of 2020, 21297 of 2020 and 37034 of 2020. Learned counsel further submits that the allegation against the petitioner is identical as that of the persons who have been released on bail by co-ordinate Benches of this Court and the petitioner is in custody since 24.05.2020. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 301 of 2019.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T