Subhash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3662 of 2023 Arising Out of PS. Case No.-343 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== SUBHASH PASWAN Son of Late Kailash Paswan @ Late Kailu Paswan Resident of Village- Chandpur, P.S.- Jagdishpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 341, 342, 353, 332, 333, 307 and 504 of the Indian Penal Code. As per allegation in the FIR, one person met with an accident from tractor and died on spot. Allegation against the petitioner is that he along with other co-accused persons were putting blockage on the road and when police tried to disperse them, they attacked the police party and caused fracture of the shoulder of the informant. One lady constable also suffered injury.

Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in this case.

Patna High Court CR. MISC. No.3662 of 2023(2) dt.03-04-2023 2/2 He has nothing to do with the alleged occurrence. There is general and omnibus allegation against the petitioner. No specific overt act has been attributed against him. Only he has been shown as a member of mob of 50-60 persons. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 23.09.2022 passed in Cr. Misc. No. 34488 of 2022. Petitioner is languishing in judicial custody since 14.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 CJM, Bhagalpur in connection with Jagdishpur P.S. Case No. 343 of 2021.

(Sunil Kumar Panwar, J) sushma/- U