Rajkumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60600 of 2022 Arising Out of PS. Case No.-21 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== RAJKUMAR PASWAN Son of Dhanu Paswan Resident of Village- Manik Paraasi, P.S.- Karakat(Godari), District- Rohtas(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh No.10, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Karakat P.S. Case No.21 of 2020, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The son of the informant is alleged to have been forcefully brought to the house of one Dhanu Paswan, where the said Dhanu Paswan had assaulted him with tangi on his forehead, resulting in him sustaining injury on his forehead, leading to his subsequent death.

The learned counsel for the petitioner

Patna High Court CR. MISC. No.60600 of 2022(2) dt.23-01-2023 2/3 has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 16.07.2022. The learned counsel for the petitioner has further submitted that as far as the petitioner is concerned, he has got no connection with the alleged occurrence and in fact, he has not been alleged to have engaged in any sort of specific overt act and the name of the petitioner has been mentioned in the F.I.R., only on account of previous animosity with the informant. It is also submitted that similarly situated co-accused persons have already been granted anticipatory/ regular bail by co-ordinate Benches of this Court vide orders dated 29.04.2022, 28.07.2022 and 13.12.2022, passed in Criminal Miscellaneous No.31609 of 2021, Criminal Miscellaneous No.21344 of 2022 and Criminal Miscellaneous No. 64841 of 2021 respectively.

Per contra, the learned APP for the State has vehemently opposed the prayer for

Patna High Court CR. MISC. No.60600 of 2022(2) dt.23-01-2023 3/3 bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted privilege of regular/ anticipatory bail, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged 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 learned A.C.J.M.-I, Vikramganj Rohtas in connection with Karakat P.S. Case No.21 of 2020.

(Mohit Kumar Shah, J) kanchan/SonalU T