Dharmraj Paswan @ Dabra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48217 of 2023 Arising Out of PS. Case No.-13 Year-2021 Thana- DANDARI District- Begusarai ====================================================== Dharmraj Paswan @ Dabra, S/O Khaltu Paswan @ Ram Sevak Paswan, R/O Village- Rajopur, P.S- Dandari, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Dandari P.S. Case No. 13 of 2021 dated 28.01.2021 registered for the offences punishable under Sections 341, 323 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by learned counsel for the petitioner are that in the present matter coaccused Guddu Kumar Paswan @ Guddu Paswan carrying similar nature of allegation has filed Cr. Misc. No. 44858/2021 for the relief of regular bail in which a co-ordinate Bench of this Court directed the counsel of the informant to get the

Patna High Court CR. MISC. No.48217 of 2023(2) dt.03-08-2023 2/3 injury report of the victim again examined by the Doctor posted at Patna High Court Dispensary and thereafter, the victim's injury report was examined at the Dispensary by the Doctor concerned who gave his opinion that it is not clear from the injury report as to whether the injury shown in the injury report was caused by the firearm or not and considering the said opinion, the co-accused Guddu Kumar Paswan @ Guddu Paswan has been granted bail by the co-ordinate Bench of this Court in the said Cr. Misc. Petition and thereafter, co-accused namely Santosh Paswan has also been granted bail by the same Bench vide order passed in Cr. Misc. No. 17546/2022 and the petitioner's case is completely identical to the said co-accused persons who are on bail. Further submissions are that the petitioner has no criminal antecedent and has been languishing in jail since 12.05.2023 and against him, the investigation has been completed and he is a young person.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the privilege of bail having been granted to the above-mentioned co-accused persons whose case is completely identical to this petitioner and also taking into account the petitioner's fair and

Patna High Court CR. MISC. No.48217 of 2023(2) dt.03-08-2023 3/3 clean antecedent and completion of the investigation against him, in my opinion the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Dandari P.S. Case No. 13 of 2021.

(Shailendra Singh, J) annu/- U T