Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77123 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Dinesh Paswan Son Of Sakhi Chandra Paswan Resident Of Village - Bhawdepur Goat, Ward No.1, P.S. - Riga, District - Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh :

Mrs. Divya Bharti For the Opposite Party/s :

Mr.Kalyan Shankar For the Informant : Mr. Uday Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 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 147, 148, 149, 341, 323, 307, 324, 302, of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they armed with various weapons came at the house of the informant and started assaulting the informant and his brother. It is further alleged that co-accused namely, Rana Pawasan gave repeated knife

Patna High Court CR. MISC. No.77123 of 2023(3) dt.15-01-2024 2/3 blow upon the head of the informant's brother due to which his brother sustained severe injuries and during treatment he died.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics. There is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him and the specific allegation of knife blow levelled against co-accused. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.03.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Riga P.S. Case No. 102 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.77123 of 2023(3) dt.15-01-2024 3/3 Additional Chief Judicial Magistrate-VI, Sitamarhi. (Sunil Kumar Panwar, J) Manishkr/- U T