Bhola Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69630 of 2023 Arising Out of PS. Case No.-124 Year-2014 Thana- AMAS District- Gaya ====================================================== BHOLA PASWAN SON OF RAMBRIKSH PASWAN RESIDENT OF VILLAGE- AHURI PS- AMAS, DISTT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar Singh For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 387, 504, 506, 307, 435, 427, 120B, 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the CLA Act.
3. As per FIR, the allegation against the co-accused persons is that they came where the informant was sleeping and started forcing him to call owner of sand ghat and they were also demanding levy. When the informant did not call owner of the sand ghat then all accused persons set fire in the Pokelane machine and fled away.
Patna High Court CR. MISC. No.69630 of 2023(3) dt.08-12-2023 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this present case merely on the basis of confessional statement of co-accused. The petitioner is not put on TIP and nothing incriminating article has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 04.03.2015 passed in Cr. Misc No. 8264 of 2015. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.06.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amas P.S. Case No. 124 of 2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.69630 of 2023(3) dt.08-12-2023 3/3 Judicial Magistrate-Ist, Class, Gaya.
(Sunil Kumar Panwar, J) manishkumar/- U T