Ganesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.853 of 2022 Arising Out of PS. Case No.-113 Year-2019 Thana- RUPAULI District- Purnia ====================================================== GANESH PASWAN Son of Late Chandradeo Paswan Resident of VillageAjhikopa, P.S.- Rupauli, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 307, 302, 452, 504, 506 and 114 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 18.09.2021, charge-sheet has been submitted and is a person with clean antecedent. Allegation is of firing by Kavi Paswan killing the deceased and Rooplal Paswan who fired injuring Lalo Paswan who had come along with the named accused persons including the petitioner to the house of the informant and the occurrence took place on account of land dispute.

Patna High Court CR. MISC. No.853 of 2022(2) dt.23-05-2022 2/2 Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that petitioner is not alleged to be the assailant. There is specific allegation of firing against Kavi Pawan and Rooplal Paswan. Learned counsel further submits that petitioner has been falsely implicated in the present case as he was known to the accused. Learned counsel next submits that co-accused Bholan @ Jitendra Pawan has been granted bail by order dated 10.12.2020 in Cr. Misc. No. 32108 of 2020.

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

Considering the fact that the petitioner is in custody since 18.09.2021, charge-sheet has been submitted, is a person with clean antecedent and is not alleged to be the assailant and co-accused has been granted bail, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rupauli P.S. Case No. 113 of 2019. (Satyavrat Verma, J) Kundan/- U T