Sheru Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49269 of 2023 Arising Out of PS. Case No.-211 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== SHERU PASWAN S/O SHINATH PASWAN @ SHIDHNATH PASWAN R/O Village- Baliyavan, Dariyapur, P.S- Naubatpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Sinha For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for grant of bail in connection with Naubatpur P.S. Case No. 211 of 2022 registered under sections 341, 323, 337, 338, 307, 325 and 34 of the Indian Penal Code and later on 302 of IPC was added. Allegation against co-accused persons is that they assaulted the informant by means of iron rod, stone and butt of the pistol due to which he sustained injuries and later on he died during the course of his treatment.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is case and counter case between the parties and general and omnibus allegation levelled against the petitioner. There is delay of 12 days in

Patna High Court CR. MISC. No.49269 of 2023(5) dt.02-01-2024 2/2 lodging the FIR. Similarly situated co-accused persons have already been granted bail by this Court vide order dated 08.08.2023 passed in Cr. Misc. No. 43940 of 2023. A statement has been made in para-3 of this petition that both the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.11.2022.

The application for bail is opposed by learned APP for the State and submitted that the petitioner is named in FIR and also he was also indulged in this alleged occurrence. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Naubatpur P.S. Case No. 211 of 2022 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 Sessions Judge-6, Danapur, Patna.

(Sunil Kumar Panwar, J) manishkumar/- U