Kapil Paswan @ Kapildeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72184 of 2022 Arising Out of PS. Case No.-336 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Kapil Paswan @ Kapildeo Paswan Son Of Late Ganaur Paswan R/VHasanchak Chakausan (Chakosan) P.S- Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 302, 504, 506 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner surrounded the informant and on order of this petitioner, the accused persons started assaulting him with lathi, danda. The informant somehow escape from the scene

Patna High Court CR. MISC. No.72184 of 2022(4) dt.09-05-2023 2/3 and fled towards his house but the accused persons also came there and started assaulting the other family members of the informant, as a result of which, sister of the informant namely Indrasan Devi sustained injuries and succumbed to the injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. As per F.I.R, the petitioner is only order giver and in the background of some earlier dispute, the present accusation has been levelled against the petitioner. The petitioner is languishing in custody since 02.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is order giver and the

Patna High Court CR. MISC. No.72184 of 2022(4) dt.09-05-2023 3/3 independent witnesses have supported the case of the prosecution.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 336 of 2022.

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