Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47315 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== DHARMENDRA PASWAN Son of Late Parikha Paswan Residence of village - Badki Bela, P.S.- Muffasil, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate.

For the Opposite Party/s :

Mr. Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2022 Heard Ms. Mukul Kumari, learned counsel for the petitioner and Mr. Mohammad Sufyan, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Muffasil P.S. Case No. 21 of 2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. As per the First Information Report, the father of the informant had gone to collect rice for wages near the village and upon having the opportunity, the accused persons, eight in numbers, including the petitioner, took him out of the village and brutally murdered by slitting his throat. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to

Patna High Court CR. MISC. No.47315 of 2022(2) dt.09-12-2022 2/3 previous land dispute between the parties which would be evident from the statement made in the First Information Report itself. She further submits that the allegation against the petitioner and other accused persons is general and omnibus in nature and the informant is not an eye witness to the incident. Petitioner is a man of clean antecedent and similarly situated coaccused person has been granted bail by a co-ordinate Bench of this Court vide order dated 20.6.2022 passed in Cr. Misc. 44076 of 2021. The petitioner is in custody since 30.4.2022 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the fact that similarly situated co-accused person has been granted bail by a coordinate Bench of this Court and charge sheet has already been submitted, 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.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Muffasil P.S. Case No. 21 of 2021.

This is subject to the condition that the petitioner

Patna High Court CR. MISC. No.47315 of 2022(2) dt.09-12-2022 3/3 shall present himself before the court as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bond shall be liable to be cancelled.

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