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Patna High CourtCR. MISC./65811/2023allowed

Raghvendra Kumar @ Jahindra Paswan v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65811 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- RAHUI District- Nalanda ====================================================== Raghvendra Kumar @ Jahindra Paswan Son Of Late Lalit Paswan Resident Of Village Chandaura P.S. Wena, District Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. A. Shamsi For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 149, 323, 307, 302, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, accused Ram Avtar Paswan assaulted to informant and Santosh Paswan and Vashist Kumar assaulted to Sony Kumar who was having five months baby, namely, Divyanshi Kumari, in her lap. Accused Santosh Kumar given lathi blow on lap child as a result of which she succumbed to injuries.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific

Patna High Court CR. MISC. No.65811 of 2023(2) dt.17-10-2023 2/2 allegation is against Santosh Kumar and not against the petitioner. Similarly situated other accused person, namely, Omkar Kumar has already been enlarged on bail by another coordinate Bench of this Court vide order dated 13.10.2023 passed in Cr. Misc. No. 65010 of 2023. Petitioner is languishing in judicial custody since 18.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJMI, Nalanda at Biharsharif in connection with Rahui (G.R. No. 22 of 2023) P.S. Case No. 02 of 2023.

(Sunil Kumar Panwar, J) sushma/- U