Patna High CourtCR. MISC./3477/2024bail granted

Shinath Paswan @ Shidhnath Paswan v. The State Of Bihar

2024-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3477 of 2024 Arising Out of PS. Case No.-211 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Shinath Paswan @ Shidhnath Paswan Son Of Late Hitlal Paswan Resident of Village - Baliyavan, Dariyapur, P.S. - Naubatpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Naubatpur P.S. Case No. 211 of 2022 instituted for the offences under Sections 341, 323, 337, 338, 307, 325/34 and added 302 of the Indian Penal Code.

3. The allegation against the accused persons including the petitioner is of assaulting the Informant by means of iron rod, stone and butt of the pistol due to which he sustained grievous injuries and, later on, he died during the course of his treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has no criminal antecedent as has been stated in para-3 of the present bail application. He is

Patna High Court CR. MISC. No.3477 of 2024(2) dt.29-01-2024 2/2 languishing in judicial custody since 02.11.2022. Learned counsel for the petitioner submits that the co-accused/Sheru Paswan has been granted bail by a Co-ordinate Bench of this Court vide order dated 02.01.2024 in Cr. Misc. No. 49269 of 2023. He further submits that the co-accused Rajendra Paswan and Durga Paswan @ Durga Kumar have also been granted bail a Co-ordinate Bench of this Court vide order dated 08.08.2023 passed in Cr. Misc. No. 43940 of 2023. Learned counsel for the petitioner submits that there is no specific allegation of assault act against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and there being no specific allegation of any overt act against the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naubatpur P.S. case No. 211 of 2022 (S. Tr. No. 294 of 2023).

(Rudra Prakash Mishra, J) rishi/- U T