Rambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61045 of 2024 Arising Out of PS. Case No.-531 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Rambhu Paswan S/o Late Kail Paswan R/o vill - Tarar, P.S. Daudnagar, Distt. - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Daudnagar P. S. Case No. 531 of 2021 registered under Sections 341, 323, 147, 149, 307 of the Indian Penal Code.

3. As per F.I.R., all the accused persons including this petitioner, brutally assaulted son of informant, as a result of which he succumbed to the injuries during course of treatment.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to prior enmity. He next submits that the father of co-accused Satyadeo Paswan has earlier lodged Daudnagar P. S. Case No. 208 of 2021 against informant and his family members, and in retaliation, this false and concocted case has been lodged. After thorough investigation, police submitted final form against the petitioner.

Patna High Court CR. MISC. No.61045 of 2024(3) dt.04-10-2024 2/2 During course of investigation, it has come that the deceased was habitual drinker and he fell down from the stairs, as a result of which he sustained injury and died. Similarly situated several co-accused persons have already been granted bail by this Court vide order dated 27.08.2024 passed in Cr. Misc. No. 48989 of 2024.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and similarly situated co-accused persons have already been granted bail, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P. S. Case No. 531 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T