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Patna High CourtCR. MISC./84829/2023allowed

Shailendra Paswan @ Shailendra Mohan Paswan v. The State Of Bihar

2024-01-23Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84829 of 2023 Arising Out of PS. Case No.-357 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Shailendra Paswan @ Shailendra Mohan Paswan, S/ o Late Yogendra Paswan, Village- Benipur, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate Mr. Sonu Kumar Chaudhary, Advocate For the Informant :

Mr. Ali Ahmad, Advocate Mr. Shahbaj Alam, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bahera P.S. Case No. 357 of 2023, G.R. No. 316 of 2023 for the offence registered under Sections 147, 148, 149, 384, 386, 504, 427, 506 of the I.P.C.

3. As per prosecution case, allegation against the petitioner is that he gave order to other co-accused persons for assaulting the person who are looking after the land in question and asking the extortion money from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.84829 of 2023(2) dt.23-01-2024 2/2 been falsely implicated in the present case due to land dispute. There is delay of 7 days in lodging the FIR by the informant. Petitioner has three criminal antecedent out of which one is lodged by the informant himself. Petitioner is in jail custody since 15.09.2023. Charge-sheet has already been submitted and there is no chance of absconding of petitioner or tampering of the evidence by him.

5. Learned counsel appearing on behalf of the State as well as the informant oppose the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Bahera P.S. Case No. 357 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T