Kundan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70590 of 2021 Arising Out of PS. Case No.-245 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== KUNDAN PASWAN Son of Abhimanu Paswan @ Nunnu Paswan Resident of Ward No.- 25 (Bhabua), P.S.- Bhabua, District - Kaimur (Bhabua). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogendra Kumar, Adv.
For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-06-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.
As per the prosecution case, on the orders of coaccused Ganesh Paswan, it is stated that about nine named accused persons including the petitioner herein and 10-15 unknown persons brutally assaulted the informant with iron rod etc. leading to injuries.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The injury report does not support the brutal assault by so many accused persons. Only a simple injury has been found on the informant. The
Patna High Court CR. MISC. No.70590 of 2021(2) dt.06-06-2022 2/2 petitioner is in custody since 24.5.2021. Referring to the order of the learned trial court, it is submitted that the rejection of bail of the petitioner was not on merits but on ground of not making a correct statement with respect to the petitioner's antecedent. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioner in the F.I.R., the contents of the injury report together with the petitioner having remained in custody since 24.5.2021, the Court directs the petitioner to be enlarged on bail in connection with Bhabua P.S. Case no.245 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabua (Kaimur). (Partha Sarthy, J) Saurabh/- U T