Yogi Paswan @ Yogee Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84621 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- ASHTHAWAN District- Nalanda ====================================================== Yogi Paswan @ Yogee Paswan Son of Late Mangal Paswan Resident of Village- Mohani, P.S.- Asthawan, District- 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. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per the prosecution case, 31 F.I.R. named persons including the petitioner and 100 unknown persons were forcibly constructing wall over Gairmajarua land. After seeing the police party the mob became aggressive and started pelting stones on the police party.

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

Patna High Court CR. MISC. No.84621 of 2023(2) dt.22-01-2024 2/2 allegation against the petitioner. Petitioner has no criminal antecedent. He is in custody since 10.09.2023. It is further submitted that similarly situated co-accused, namely Babuchand Paswan has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 04.04.2023 passed in Cr. Misc. No. 71218 of 2022 and co-accused persons, namely, Mukesh Kumar, Balram Paswan, Ranjeet Paswan and Surendra Paswan have been granted bail by Co-ordinate Benches of this Court vide order dated 07.12.2022 passed in Cr. Misc. No. 47270 of 2022 and order dated 21.12.2022 passed in Cr. Misc. No. 49622 of 2022 respectively.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Ashthawan P.S. Case No. 159 of 2022.

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