Ajeet Paswan @ Ajit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71099 of 2023 Arising Out of PS. Case No.-52 Year-2015 Thana- BELAGANJ District- Gaya ====================================================== Ajeet Paswan @ Ajit Paswan, Son of Vijay Paswan, resident of VillageKatauli, P.S- Hulashganj, Dist- Jehanabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrigendra Kumar, Advocate For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Belaganj Case No. 52 of 2015, registered for the alleged offences under Sections 147, 148, 149, 341, 447, 323, 325, 307 and 302 of the Indian Penal Code.
3. As per prosecution case, the petitioner and other co-accused persons, who were variously armed, came to the house of the informant and inquired about whereabouts of the daughter of co-accused Yadu Paswan. Thereafter, they assaulted the inmates of the house and the father of the informant died due to this assault.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.71099 of 2023(2) dt.08-11-2023 2/3 case. No specific overt act has been attributed to the petitioner. Altogether 17 persons have been named as accused in the FIR and they are all said to have assaulted the family members of the informant, but only three injuries have been found on the person of the deceased and it shows falsification of the case by the informant. The petitioner is the son-in-law of co-accused Yadu Paswan and he has nothing to do with the alleged occurrence, but still he has been implicated in order to settle the personal grudge. The learned counsel further submits that a large number of similarly placed co-accused have been granted bail by different Coordinate Benches of this Court vide orders dated 12.02.2021, 24.11.2021, 01.04.2022 and 14.11.2022 passed in Cr. Misc. Nos.32971 of 2020, 29933 of 2021, 53815 of 2021 and 40925 of 2022, respectively. The petitioner is in custody since 17.05.2023 and the charge sheet has been submitted. The petitioner has got no criminal history.
5. Learned APP opposes the submissions made on behalf of the petitioner.
6. Having regard to the submissions made hereinabove and considering the vague nature of allegation against the petitioner and further considering the grant of bail to other similarly placed co-accused persons and also considering
Patna High Court CR. MISC. No.71099 of 2023(2) dt.08-11-2023 3/3 the submission of charge sheet, his clean antecedent along with his period of custody, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Court of learned Chief Judicial Magistrate, Gaya, in connection with Belaganj P.S. Case No. 52 of 2015, subject to the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T