Faguni Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62336 of 2024 Arising Out of PS. Case No.-748 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Faguni Paswan Son of Late Panchu Paswan Resident of Village - Vishunpur (Tola Kasiadih), P.S. - Wazirganj, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 342, 323, 354B, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is in custody since 05.06.2024 and is a person with clean antecedent. It is next submitted that co-accused Mithilesh Paswan and Kamlesh Kumar had approached this court seeking anticipatory bail by filing Cr. Misc. No.55885/2024 and the same was allowed by an order dated 14.08.2024. It is next submitted that informant alleges that accused persons, including the petitioner, tried to kidnap her son, further, she heard her son weeping, accordingly, she came out when, she was assaulted. It

Patna High Court CR. MISC. No.62336 of 2024(3) dt.05-10-2024 2/2 is further alleged that no specific allegation of assault is alleged against any of the accused persons including the petitioner. Further the date of occurrence is 11.12.2023 and the F.I.R. came to be instituted on 19.12.2023 i.e. after a delay of 8 days, which casts an aspersion on the case of the prosecution. It is next submitted that Wazirganj P.S. Case No.753/2023 was instituted by the Aunt of Mithilesh and Kamlesh against the informant's side, as such, the instant F.I.R. is counterblast to Wazirganj P.S. Case No.753/2023.

4. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Wazirganj P.S. Case No. 748 of 2023.

(Satyavrat Verma, J) amit/- U T