Arjun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66474 of 2021 Arising Out of PS. Case No.-274 Year-2014 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

ARJUN PASWAN S/O DHURO PASWAN R/o village Bishanpur, P.S.- Lakho, District- Begusarai 2.

Kamleshwari Paswan S/o Madan Paswan R/o village Bishanpur, P.S.- Lakho, District- Begusarai 3.

Lucho Pandit S/o Musharu Pandit R/o village Bishanpur, P.S.- Lakho, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek regular bail in connection with Muffasil Police Station Case No. 274 of 2014, registered for the offence under Sections 147/148/ 149/324/384/38/307/44/364 of the I.P.C. and Section 27 of the Arms Act.

The prosecution case, as per the First Information Report, is that altogether 29 named accused persons, including the petitioners, arrived at the land of the informant for the purpose of taking its possession by constructing a hut over it and on protest, three accused persons namely, Ghuro Paswan,

Patna High Court CR. MISC. No.66474 of 2021(2) dt.11-02-2022 2/3 Bisheshwar Paswan and Sunil Sah, assaulted the informant by means of Gupti and Bisheshwar Paswan also fired upon him, but the same did not hit the informant.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case along with large number of accused persons and from perusal of the First Information Report, it appears that no overt act has been alleged against the petitioners. He further submits that petitioners have got no criminal antecedent. He next submits that the co-accused persons against whom there is allegation of assault by means of Gupti and firing have been granted bail by different Co-ordinate Benches of this Court in Criminal Misc. No. 5311 and 18401 of 2018 respectively. He further submits that co-accused Bhim Paswan (Criminal Misc. No. 56036 of 2021), Manoj Paswan (Crimiknal Misc. No. 56329 of 2021) and Gorelal Paswan and Biro Paswan (Criminal Misc. No. 59712 of 2021) have been granted bail by this Court.

He further submits that the petitioners are in custody since 30.07.2021 charge sheet has already been submitted and as such there is no likelihood that the petitioners will abscond or tamper with the evidence.

Patna High Court CR. MISC. No.66474 of 2021(2) dt.11-02-2022 3/3 record and the fact that petitioners have got no criminal antecedent, similarly situated co-accused persons have been granted bail by this Court, they are in custody since 30.07.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil Police Station Case No. 274 of 2014.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √