Chandan Kumar Paswan @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86724 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== CHANDAN KUMAR PASWAN @ CHANDAN KUMAR Son of Jiwachh Paswan Resident of Village - Sakarbasa, Ward no.2, P.S.- Cheriya Bariarpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Cheriya Bariyarpur PS case no. 32 of 2019 instituted for the offence punishable under Sections 341, 323, 147, 448, 353 of Indian Penal Code.

The allegation against the petitioner and the other co-accused persons is that the petitioner was leading a group of 30-35 unknown accused persons who had come to the school and assaulted as well as misbehaved with the informant who is said to be the In-charge Headmistress of Utkramit Middle School, Sakarbasa and had also locked the teachers inside the classroom, whereupon the local administration had come and freed them.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.86724 of 2019(2) dt.16-01-2020 2/2 submitted that the petitioner is innocent and he has been falsely implicated in the present case on account of the petitioner having made several complaints regarding the mis-management of the school by the Incharge Headmistress. It is further submitted that similarly situated co-accused person has already been granted anticipatory bail vide order dated 20.11.2019 passed in Cr. Misc. no. 54167 of 2019. Lastly, it is submitted that the petitioner has already been suitably punished, inasmuch as he is languishing in custody since 31.10.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is having a clean antecedent and is languishing in custody since 31.10.2019, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheriya Bariyarpur PS case no. 32 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T