Virendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50390 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- SIGAUDI District- Patna ====================================================== 1.
VIRENDRA PASWAN Son of Khesari Paswan Resident of Village - Chikshi, P.S. - Sigori, District - Patna.
2.
Yogendra Paswan @ Buddu Paswan Son of Khesari Paswan Resident of Village - Chikshi, P.S. - Sigori, District - Patna. 3.
Khesari Paswan Son of Late Mahavir Paswan Resident of Village - Chikshi, P.S. - Sigori, District - Patna.
4.
Ram Das Paswan Son of Late Mahavir Paswan Resident of Village - Chikshi, P.S. - Sigori, District - Patna.
... ... Petitioner/s The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-03-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of Indian Penal Code.
As per the prosecution case, the five named accused persons including the four petitioners herein are said to have assaulted the informant and others with specific allegation against Ravindra Paswan of having assaulted the brother of the informant with an iron road. It is further stated that all the accused persons brutally assaulted the deceased. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.50390 of 2021(3) dt.24-03-2022 2/3 that the petitioners have been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR. It is for this reason that against the specific allegation that five accused persons including the four petitioners herein brutally assaulted the deceased, the same is falsified from the contents of the postmortem report where only one injury has been found on the body of the deceased and that too is attributable as per the FIR to Ravindra Paswan. The petitioners are in custody since 27.3.2021.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioners are named in the FIR but they actively participated in the occurrence. The allegation of assault against them is not only on the deceased but also on the other members of the family of the informant who were also injured and the same are supported from their injury report.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the petitioners having remained in custody about 1 year, the Court directs the four petitioners to be enlarged on bail in connection with Sigori
Patna High Court CR. MISC. No.50390 of 2021(3) dt.24-03-2022 3/3 P.S. Case no. 38 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Danapur, Patna.
(Partha Sarthy, J) Prakash/- U