Daya Ram Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59361 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- TARAPUR District- Munger ====================================================== Daya Ram Paswan S/O Late Raju Paswan R/O Village- Sarun, P.S- Tarapur, Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S.T. No. 89 of 2024, arising out of Tarapur P.S. Case No. 25 of 2023, instituted for the offences punishable under Sections 147, 149, 323, 307, 448, 324, 337, 504 and 506 of the Indian Penal Code.
3. The prosecution case, in short, is that, petitioner along with other co-accused persons armed with deadly weapons assaulted the informant and his brother with iron rod due to which they sustained injury on their head, chest and mouth.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.59361 of 2024(2) dt.23-08-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case and charge has also been framed against the petitioner on 16.03.2024. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that there is no specific allegation against the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. There is case and counter case between the parties. The petitioner is in custody since 25.11.2023 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 09.05.2024 passed in Cr. Misc. No. 35239 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.59361 of 2024(2) dt.23-08-2024 3/3 below/concerned Court in connection with S.T. No. 89 of 2024, arising out of Tarapur P.S. Case No. 25 of 2023. (Rudra Prakash Mishra, J) Rajorshi/- U T