Patna High CourtCR. MISC./340/2023allowed

Fuchka Paswan @ Mahendra Paswan v. The State Of Bihar

2023-08-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.340 of 2023 Arising Out of PS. Case No.-42 Year-2021 Thana- SHRI NAGAR District- Madhepura ====================================================== FUCHKA PASWAN @ MAHENDRA PASWAN Son of Pabitra Paswan R/vPermanandpur, Ward No. 1, P.S.- Srinagar District- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Vishoka Nand For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 307, 302, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioner is of assaulting the informant's husband along with co-accused persons as a result of which, husband of the informant died during course of treatment.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. There is no eye-witness

Patna High Court CR. MISC. No.340 of 2023(5) dt.23-08-2023 2/2 of the alleged occurrence. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 29.03.2023 passed in Cr. Misc. No. 69292 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.05.2021.

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 as well as period of custody, 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 Court below in connection with Shri Nagar P.S. Case No. 42 of 2021.

(Sunil Kumar Panwar, J) arish/- U T