Sacho Paswan @ Sachit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86370 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- ASHTHAWAN District- Nalanda ====================================================== Sacho Paswan @ Sachit Paswan son of Late Manik Paswan Village- Mohani Ps- Asthawan Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sadanand Roy, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. the petitioner seeks regular bail in connection with Ashthawan P.S. Case No.159 of 2022 registered under Sections 147, 148, 149, 153, 153(A), 109, 186, 188, 295(A), 353, 341, 342, 323, 325, 307, 337, 338, 504, 506 and 120(B) of the I.P.C.

3. As per prosecution case, it is alleged that 31 F.I.R. named persons including the petitioner and 100 unknown persons were forcibly constructing wall over gairmajarua land used as kabristan. On seeing the police, the mob became aggressive and started pelting stones on the police party.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. There is general and omnibus

Patna High Court CR. MISC. No.86370 of 2023(2) dt.23-01-2024 2/2 allegation against the petitioner. The petitioner has got no criminal antecedent. He is in custody since 10.09.2023. He further submits that similarly situated co-accused person, namely, Yogi Paswan @ Yogee Paswan has been enlarged on bail by this Court vide order dated 22.01.2024 passed in Cr.Misc.No.84621 of 2023. Other co-accused persons, namely, Mukesh Kumar, Balram Paswan, Ranjeet Paswan and Surendra Paswan have been allowed bail by coordinate benches of this Court vide orders dated 07.12.2022 and 21.12.2022 passed in Cr.Misc.No.47270 of 2022 and Cr.Misc.No.49622 of 2022 respectively.

5. Learned A.P.P. opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case, submissions of the parties as well as the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st, Class, Nalanda at Biharsharif in connection with Ashthawan P.S. Case No.159 of 2022.

(Sunil Dutta Mishra, J) Harish/- U T