Indradeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57788 of 2021 Arising Out of PS. Case No.-87 Year-2019 Thana- CHANDI District- Bhojpur ====================================================== Indradeo Paswan S/O Majetar Paswan R/O Village-Sundara, P.S-Chandi, District-Bhojpur.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 325, 307, 379, 504 and 506 of the Indian Penal Code. Petitioners in association with other co-accused is said to have assaulted the informant and his uncle. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation

Patna High Court CR. MISC. No.57788 of 2021(3) dt.17-10-2022 2/2 levelled against the petitioner. He submits that occurrence took place on 20.05.2019 but the F.I.R. was lodged on 26.05.2019 after a delay of six days which creates serious doubt on the prosecution case. He submits that similarly situated co-accused has already been granted bail by a Coordinate Bench of this Court vide order dated 08.10.2020 passed in Cr. Misc. No. 12175 of 2020. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chandi P.S. Case No. 87 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.