Umesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72239 of 2023 Arising Out of PS. Case No.-312 Year-2019 Thana- NAYA RAM NAGAR District- Munger ====================================================== Umesh Paswan Son Of Late Amrudi Paswan @ Late Rambhadur Paswan Resident Of Village - Halimpur, P.S.- Naya Ram Nagar, District - Munger. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Saurabh For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 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 366A and 34 of the Indian Penal Code.

3. Allegation against other co-accused person is that he abducted the sister of the informant. It is further alleged against this petitioner is that when the informant enquired about the occurrence to him, he started using abusive language.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any allegation of abduction against the petitioner rather co-accused Raja Kumar abducted the informant's sister. Only because the petitioner is

Patna High Court CR. MISC. No.72239 of 2023(2) dt.08-11-2023 2/2 brother of the main accused, he has been dragged in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Naya Ram Nagar P.S. Case No. 312 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Act)- cum-ADJ VI, Munger.

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