Manoj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68815 of 2023 Arising Out of PS. Case No.-336 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== MANOJ PASWAN S/O FULCHAND PASWAN @ FULCHAND BHAGAT R/O VILLAGE- CHAKHASAN CHAUKSAN WARD NO.-2, P.SBIDUPUR, DISTT.- VAISHALI, HAJIPUR. ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiva Ranjan, Advocate Mr. Dheeraj Kumar, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Bidupur P.S Case no.336 of 2022 registered under sections 302, 147, 148, 149, 341, 323, 324, 325, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the informant states that nine named accused persons including the petitioner herein as also ten unknown persons came variously armed with laathi, danda etc. They started to assault the informant and the members of his family. It is further stated that on the orders given by Kapil Paswan, the accused persons including
Patna High Court CR. MISC. No.68815 of 2023(3) dt.20-12-2023 2/3 the petitioner herein as also Munarik Paswan assaulted the sister of the informant leading to her death. Other persons also sustained grievous injuries.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of pending dispute between the parties. The allegations are general and omnibus in nature. The case of the petitioner stand on a similar footing to that of co-accused Munarik Paswan who has been enlarged on bail vide order dated 10.10.2023 passed in Cr. Misc. no. 63644 of 2023. The petitioner is in custody since 14.8.2023, charge-sheet has been submitted in the case and he has no criminal antecedent.
5. The prayer for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations in the F.I.R, grant of bail to co-accused Munarik Paswan, the petitioner being in custody since 14.8.2023 and charge-sheet having been submitted in the case, it is directed that the petitioner above named be enlarged on bail in connection with Bidupur P.S Case no.336 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.68815 of 2023(3) dt.20-12-2023 3/3 like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur.
(Partha Sarthy, J) Shiv/- U T