Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 47774 of 2022 Arising Out of PS. Case No.-268 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Ashok Paswan S/o Rambali Paswan R/o village - Murtuzapur, Dumri, P.S.- Patepur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Patepur P.S. Case No. 268 of 2021 lodged under Sections 147, 149, 341, 342, 323, 302 of the I.P.C.

As per the prosecution case, the informant has lodged his case against 10 named accused persons that on 20.12.2021 his son returned form Haryana then the named accused persons caught and tied him with an electric pole. That they brutally assaulted him by iron road, lathi and handle of Kudal. When police reached there, they untied him and police taken him to Patepur hospital and from there informant's son was refereed to Sadar Hospital, Hajipur, but in the way to the hospital informant's son died. With this allegation present F.I.R. has been filed.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No. 47774 of 2022(2) dt.24-11-2022 2/2 submits that petitioner is in custody since 08.05.2022 having clean antecedent. He further submits that there were 10 persons accused in this case, out of which 7 named persons moved for anticipatory bail before the Co-ordinate Bench of this Court but prior to hearing 2 persons were arrested, including the present petitioner and the rest 5 persons were granted anticipatory bail 11.11.2022 in Cr. Misc. No. 25290 of 2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Vaishali, Hajipur in connection with Patepur P.S. Case No. 268 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T