Rahul Paswan @ Fuaa @ Fuas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80539 of 2024 Arising Out of PS. Case No.-693 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Rahul Paswan @ Fuaa @ Fuas son of Late Indrajeet Paswan Resident of Village -Dhrampur Laxmisagar (Near Graveyars), Near Graveyard Police Station- Sadar District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Sadar P.S. Case No. 693 of 2022, instituted for the offences punishable under Sections 341, 504, 506, 384, 307, 379 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted the informant and his friend by means of dagger, fists and blows due to which they sustained injury and the accused persons fled away from the spot after taking Rs. 7500/- from the pocket of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.80539 of 2024(2) dt.20-11-2024 2/2 possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation of snatching money and assault is levelled against the petitioner. The specific allegation for extortion of money and assaulting the informant is against co-accused Raushan Kumar along with Dinku Paswan. It is further submitted that the petitioner along with his two brothers have been made accused in this case. The petitioner is in custody since 17.08.2024 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar P.S. Case No. (Rudra Prakash Mishra, J) Rajorshi/- U T