Pintu Kumar @ Pintu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48872 of 2022 Arising Out of PS. Case No.-268 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== 1.

PINTU KUMAR @ PINTU PASWAN S/O RAMBALAK PASWAN Resident of Village- Murtuzapur @ Murtuzapur Dumari, P.S.- Patepur, District- Vaishali.

2.

MITHILESH KUMAR @ MITHLESH KUMAR PASWAN S/O RAMBAHADUR PASWAN Resident of Village- Murtuzapur @ Murtuzapur Dumari, P.S.- Patepur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-12-2022 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State through video-conferencing. The petitioners have preferred this application for grant of regular bail in a case registered under sections 147, 149, 341, 342, 323 and 302 of the Indian Penal Code. As per the prosecution case, on 20.12.2021 the informant's son returned from Haryana then the named accused persons caught and tied him with an electric pole. That they brutally assaulted him with iron road, lathi and handle of kudal. When the police reached there, they untied him and the police

Patna High Court CR. MISC. No.48872 of 2022(2) dt.09-12-2022 2/2 took him to Patepur Hospital and from there informant's son was referred 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 petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The other co-accused person has already been granted bail vide order dated 24.11.2022 passed in Cr. Misc. No. 47774 of 2022. Nothing has been recovered from the possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioner no. 1 is in custody since 23.03.2022 and petitioner no. 2 is in custody since 05.05.2022 Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned Vaishali, in connection with Patepur P.S. Case No. 268 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) atul/ayushU T