Shankar @ Shankar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70649 of 2021 Arising Out of PS. Case No.-274 Year-2014 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
SHANKAR @ SHANKAR PASWAN Son of Duro Paswan R/o Village - Naya Nagar Bishnpur Ward No.- 1 Dhabauli, P.S.- Mufasil, District - Begusarai.
2.
Rudal @ Niranjan Kumar Son of Basuki Paswan R/o Village - Naya Nagar Bishnpur Ward No.- 1 Dhabauli, P.S.- Mufasil, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Chandra, Adv For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-02-2022 Heard Mr. Satish Chandra, learned counsel for the petitioners and Mr. Ram Priya Sharan Singh, learned APP through virtual court proceedings.
Petitioners seek regular bail in connection with Muffasil P.S. Case No. 274 of 2014 registered for the offence under Sections 147, 148 , 149, 324, 384 , 386, 307, 447, 364 of the I.P.C. and Section 27 of the Arms Act. As per the First Information Report altogether 29 named accused persons arrived at the land of the informant for the purpose of taking its possession by constructing a hut over the land of the informant and on protest three accused persons namely, Ghuro Paswan, Bisheshwar Paswan and Sunil Sah assaulted the informant by means of Gupti and Bisheshwar
Patna High Court CR. MISC. No.70649 of 2021(2) dt.14-02-2022 2/3 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 perusal of the First Information Report, it appears that no overt act has been alleged against the petitioner. He further submits that petitioners have got no criminal antecedent and 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 vide Annexure 2 Series [Ghuro Paswan in Cr. Misc. No. 5311 of 2018 and Bisheshwar Paswan in Cr. Misc. No. 18401 of 2018]. One more accused namely, Bhim Paswan @ Bhim has been granted bail by this Court vide Cr. Misc. No. 56036/2021. Learned counsel next submits that the petitioners are in custody since 08.07.2021.
Regards being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioners have got no criminal antecedent, they are in custody since 08.07.2021, the co-accused persons have been granted bail by the Benches of this court, I am inclined to grant regular bail to the petitioners.
Patna High Court CR. MISC. No.70649 of 2021(2) dt.14-02-2022 3/3 Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 274 of 2014. (Anil Kumar Sinha, J) perwez U T