Nathan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50574 of 2023 Arising Out of PS. Case No.-42 Year-2021 Thana- SHRI NAGAR District- Madhepura ====================================================== NATHAN PASWAN S/o Late Laxmi Paswan Resident of VillagePermanandpur, Ward No.-01, Police Station-Srinagar, District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 302, 504, 506/34 of the Indian Penal Code. According to the FIR, the petitioner along with other co-accused persons are alleged to have assaulted the informant's husband as a result of which husband of the informant died during course of 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 due to dirty village politics. It is further submitted that there is no specific allegation of assaulting against this petitioner rather general and omnibus

Patna High Court CR. MISC. No.50574 of 2023(2) dt.11-08-2023 2/2 allegation leveled against him. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused namely, Mantoo Paswan has already been granted bail by this Court vide order dt. 29.3.2023 passed in Cr. Misc. No. 69292 of 2022 and in support of this Annexure-2 series has been annexed with this petition. The petitioner is languishing in judicial custody since 19.5.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shri Nagar P.S. Case No. 42 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Madhepura. (Sunil Kumar Panwar, J) shubham/- U T