Banti Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85850 of 2024 Arising Out of PS. Case No.-305 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Banti Paswan S/o Kamal Paswan Resident of village- Bahiro, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and Mr. Ajit Kumar, 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, 379, 386, 504, 506 and 427 of the Indian Penal Code and Section 27 of Arms Act.

3. The case of the prosecution is that the petitioner along with other co-accused personss came into cow shed of the informant and took away his cows. It is further alleged that the accused persons fired with rifle and took away cows of the informant and also damaged cow shelter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the

Patna High Court CR. MISC. No.85850 of 2024(2) dt.13-12-2024 2/2 petitioner submitted that the informant has stated in his statement before police that he found the cows at some distance. It is further submitted that the charge sheet has already been filed and the case is triable by the Magistrate. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 08.10.2024 in Cr. Misc. No. 71974 of 2024. Moreover, the petitioner is languishing in judicial custody since 25.06.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Nawada P.S. Case No. 305 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara. (Ashok Kumar Pandey, J) shubham/- U T