Patna High CourtCR. MISC./57128/2023bail granted

Satyendra Paswan v. The State Of Bihar

2023-08-30Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57128 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- KONCH District- Gaya ====================================================== SATYENDRA PASWAN S/O LATE INDRAJIT PASWAN R/O VILLAGEPOWER HOUSE NAYA BAZAR, PS. SHERGHATI, DIST. GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Advocate.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2023 Heard Mr. Deepak Kumar, learned counsel appearing on behalf of the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Konch P.S. Case No. 193 of 2023 registered for the offence punishable under Sections 147, 148, 149, 323, 307, 379, 504 and 506 of the Indian Penal Code.

3. Prosecution story, in brief, is that 10 accused persons including the petitioner armed with lathi, danda, rod, hockey stick etc. assaulted on the head of the informant while he was purchasing vegetables. The informant sustained one injury on his head and swelling on the left hand. The opinion with respect to the injury sustained by the informant is kept reserved.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the case due to previous enmity and

Patna High Court CR. MISC. No.57128 of 2023(2) dt.30-08-2023 2/2 village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. 10 persons including the petitioner are said to have assaulted the informant, thus it is very difficult to ascertain who had assaulted the informant.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner .

6. Having heard the rival submissions of the parties and the fact that the allegation levelled against the petitioner is not specific, nine persons are named in the F.I.R. and in want of specific allegation that the petitioner had assaulted the informant, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Gaya in connection with Konch P.S. Case No. 193 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T