Satish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55827 of 2023 Arising Out of PS. Case No.-311 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Satish Paswan Son Of Sudheshwar Paswan R/O-Tilhar, P.S.-Khushrupur, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Soni Kumari, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in judicial custody in connection with Khushrupur P.S. Case No. 311 of 2022 for the offences punishable under Sections 147, 148, 149, 323, 341, 325, 307/34 of the Indian Penal Code lodged on 16.08.2022 by the informant.

3. As per the prosecution story, only omnibus allegation of assault is/are against the accused persons and further specific allegation is against Anjani Kumar of assaulting his brother Birendra as also firing which led to lodging of the FIR.

4. It is the case of the petitioner that the informant is a land grabber and actually the victim was injured in a road

Patna High Court CR. MISC. No.55827 of 2023(2) dt.28-08-2023 2/3 accident but the FIR has been lodged only to implicate them. Further submission is that any case, omnibus allegation is/are there, so far as the petitioner is concerned.

5. Learned APP opposes the prayer.

6. Taking into account the aforesaid submissions put forward by the learned counsel for the petitioner, the specific allegation is against co-accused Anjani Kumar, the petitioner has remained in custody since 17.04.2023, this Court is inclined to extend him the privilege of bail with conditions.

7. Let the petitioner Satish Paswan be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, in connection with Khushrupur P.S. Case No. 311 of 2022 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.55827 of 2023(2) dt.28-08-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

8. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Mkr./- U T