Bhola Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11773 of 2021 Arising Out of PS. Case No.-153 Year-2020 Thana- PALIGANJ District- Patna ====================================================== BHOLA PASWAN Son of Shri Chandradeo Paswan R/o village- Singhara Ainkhan, P.S.- Dulhinbazar, District- Patna. At present Prakhand Colony Paliganj, P.S.- Paliganj, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Braj Bhushan Mishra, Adv.
For the Opposite Party/s :
Mr.Kr. Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 504, 506, 380, 452, 354 (B), 376, 511, 34 of the Indian Penal Code. Allegation against the petitioner is that he alongwith other accused persons entered into the house of the informant and attempted to commit rape with the informant with the help of other co-accused and thereafter took away several gold articles alongwith them.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11773 of 2021(2) dt.13-07-2021 2/2 petitioner is innocent and has falsely been implicated in this case. He further submits that charge sheet has been in this case for the offence under Sections 341, 323, 504, 506 452, 354(B)/34 of the Indian Penal Code. There is case and counter case between the parties. Occurrence took place on 29.04.2020 and the matter registered on 03.05.2020 after more than four days delayed of the said FIR and the same has been sent to the Court on 11.05.2020. The petitioner is languishing in judicial custody since 01.06.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned APP for the State opposes the prayer for bail of the petitioner.
Considering the delay in registering of the FIR, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Paliganj P.S. Case No. 153/2020, G.R. No. 1367/2020 to the satisfaction of learned Court below where the case is pending/ successor court. (Anjani Kumar Sharan, J) amitkumar/- U T