Shambhu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55015 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== 1.
Shambhu Paswan Son of Laldev Paswan R/O Village-Sujawalpur, P.S.- Sakra, Distt-Muzaffarpur, Bihar 2.
Sanoj Kumar S/O Asheshar Paswan R/O Village-Sujawalpur, P.S.-Sakra, Distt-Muzaffarpur, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Anant Kumar 1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in connection with Sakra P.S. Case No. 173 of 2024 registered for the offences punishable under Sections 147, 148, 324, 325, 341, 353, 332, 333, 34 of the Indian Penal Code.
3. As per the prosecution case, on the basis of secret information, when the informant along with other officers reached at the place of occurrence, seeing the police party, all the accused persons assembled there started fleeing away, but three of them were apprehended on the spot. In the meantime, some men and women started assaulting the excise team due to
Patna High Court CR. MISC. No.55015 of 2024(3) dt.04-10-2024 2/3 which some of the officials got injured. It is further alleged that six persons including petitioner no.1 were identified from a video of the occurrence.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Petitioner no.2 is not named in the FIR, rather the name of the petitioner has been transpired in the present case on the basis of the confessional statement of the apprehended co-accused. There is no specific overt act attributed to the petitioners. Nothing has been recovered from their conscious possession. They were not present at the time of alleged occurrence. Learned counsel further submits that the charge sheet has been submitted against the petitioners. They have no criminal antecedent as mentioned in para 3 of the bail application. They have been languishing in custody since 12.04.2024.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, since charge sheet has been submitted against the
Patna High Court CR. MISC. No.55015 of 2024(3) dt.04-10-2024 3/3 petitioners, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sakra P.S. Case No. 173 of 2024.
(Anjani Kumar Sharan, J) divyanshi/- U T