Dharmendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 51438 of 2022 Arising Out of PS. Case No.-260 Year-2019 Thana- DARBHANGA District- Darbhanga ====================================================== 1.
DHARMENDRA PASWAN SON OF LATE BINOD PASWAN R/O VILLAGE- KILAGHAT BAJITPUR, P.S.- TOWN, DISTRICTDARBHANGA 2.
RABINDRA PASWAN SON OF LATE BINOD PASWAN R/O VILLAGEKILAGHAT BAJITPUR, P.S.- TOWN, DISTRICT- DARBHANGA 3.
VIKASH PASWAN SON OF LATE BINOD PASWAN R/O VILLAGEKILAGHAT BAJITPUR, P.S.- TOWN, DISTRICT- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-12-2022 The matter has been taken-up through video conference. Heard learned counsel for the petitioners and learned A.P.P for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioners seek bail in connection with a case registered for the offence punishable under Sections 147, 149, 341, 323, 324 and 307 of the Indian Penal Code. As per the prosecution story, the informant has alleged that he was constructing his house on his land by the
Patna High Court CR. MISC. No. 51438 of 2022(2) dt.09-12-2022 2/3 Government fund under 'Rajiv Gandhi Yojna' when he was making construction all the accused persons including the petitioners tried to disrupt the construction work and upon protest, it is further alleged that they assaulted the informant causing grievous injury to him and also other members of his family.
Learned Counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in this case. Learned counsel for the petitioners submit that petitioners and the informants are agnates and the allegation against the petitioners is omnibous in nature and there is nothing specific against the petitioner. It is further submitted by the learned counsel for the petitioners that a similarly situated co-accused, namely Sunny Paswan @ Sunny Kumar Paswan has been granted bail in Criminal Miscellaneous No. 36328 of 2022 on 16.09.2022 vide order dated 16.09.2022 by a Co-ordinate Bench of this Court.
The petitioners are in custody since 25.03.2022, chargesheet has been submitted in the case and have clean antecedents Learned A.P.P for the State opposes the prayer for bail of the petitioner.
Patna High Court CR. MISC. No. 51438 of 2022(2) dt.09-12-2022 3/3 Considering the facts and circumstances of this case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Darbhanga in connection with Town P.S. Case No. 260 of 2019.
(Khatim Reza, J) Sankalp/- U T