Sushil Paswan @ Sushil Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1495 of 2023 Arising Out of PS. Case No.-263 Year-2021 Thana- BABUBARHI District- Madhubani ====================================================== Sushil Paswan @ Sushil Kumar Paswan Son Of Dholan Paswan R/O VillageBathnaha, P.S.- Babubarhi, District- Madhubani. ... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Soban Asghar, Adv For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Babubarhi P.S. Case No. 263 of 2021 dated 14.11.2021 lodged under Sections 302, 34 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against seven named accused persons, in which a general and omnibus allegation has been made against all the seven accused persons that scuffling took place, after the result of election for Mukhiya was declared.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No.1495 of 2023(5) dt.05-06-2023 2/2 submits that petitioner is in custody since 01.06.2022 having clean antecedent. Counsel submits that F.I.R. has been lodged under Sections 302/34 of the Indian Penal Code but chargesheet has been filed under Section 304 of Indian Penal Code. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Madhubani in connection with Babubarhi P.S. Case No. 263 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T