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Patna High CourtCR. MISC./55936/2023allowed

Sonu Paswan @ Sonu Kumar v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55936 of 2023 Arising Out of PS. Case No.-304 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== Sonu Paswan @ Sonu Kumar S/O Motilal Paswan Resident Of Village Alakhbani Ps Kalyanpur District East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anisur Rahman For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 325, 354, 379, 307/34 of the Indian Penal Code.

It is alleged that on protest to play the vulgar songs on the eve of Chhath by the informant and others, all the F.I.R named accused persons including the petitioner assaulted the informant and others. It is alleged against the petitioner that he assaulted with sword on the head of Vikash Paswan.

Patna High Court CR. MISC. No.55936 of 2023(2) dt.08-09-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case in the background of some previous enmity arising out of panchayat election. For the alleged occurrence of 11.11.2021, the F.I.R was registered on 13.11.2021. There is counter version of the occurrence also and petitioner's side also sustained injuries. Moreover, good sense has prevailed between the parties and both sides have compromised the matter. The compromise petition has been annexed as Annexure-3 to the petition. The petitioner is languishing in custody since 15.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.55936 of 2023(2) dt.08-09-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 304 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T