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Patna High CourtCR. MISC./66982/2021bail granted

Saheb Paswan v. The State Of Bihar

2022-04-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66982 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== SAHEB PASWAN Son of Late Dev Ram Paswan Resident of Village- Pawai, P.S.- Mufassil Aurangabad, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other FIR named accused persons assaulted the deceased after dragging him to a distance.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is general and omnibus allegation against this petitioner. It is submitted that due to land dispute between the parties some hot talk took place between the deceased and the accused persons and thereafter the deceased was dragged as a result of which he fell down on stone and died. It is next

Patna High Court CR. MISC. No.66982 of 2021(3) dt.21-04-2022 2/2 submitted that although nine persons are alleged to have assaulted the deceased but no corresponding injury was found by the doctor in post mortem examination. Petitioner claims clean antecedent and is in custody since 08.10.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Muffasil PS case No.09/2020.. (Prabhat Kumar Singh, J) BKS/- U T