Fekan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55576 of 2021 Arising Out of PS. Case No.-204 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== FEKAN PASWAN Son of Late Sarvjeet Paswan Resident of Village - Okari, P.S. Okari (O.P. Ghosi), Dist. - Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 379 and other sections of the Indian Penal Code.

As per the prosecution case in the F.I.R., the petitioner is said to have assaulted with pasuli on the stomach of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. No injury, as alleged in the F.I.R., was found on the body of the informant. Subsequently the witnesses whose statements were recorded under section 161 Cr.P.C. have changed their narration to the extent that the petitioner is said to have assaulted the father of the informant. The petitioner is in

Patna High Court CR. MISC. No.55576 of 2021(4) dt.16-05-2022 2/2 custody since 5.5.2021 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., there being case and counter case between the parties, the petitioner having remained in custody for more than 1 year and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Ghoshi (Okari O.P.) P.S. Case no.204 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad.

(Partha Sarthy, J) Saurabh/- U T