Krishna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1944 of 2020 Arising Out of PS. Case No.-361 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== KRISHNA PASWAN Son of Late Sugi Paswan Resident of VillageBhagalpur, P.S.- Wazirganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumeet Kumar Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Wazirganj P.S. Case No. 361 of 2019 for the offence registered under Sections 147, 148, 149, 323, 324, 326, 307, 504, 506, 302/34 of the Indian Penal Code.

The allegation is regarding several accused persons including the petitioner herein having arrived at the place of occurrence whereafter they are stated to have assaulted the son of the informant resulting in him being inflicted with various injuries whereafter he had succumbed to his injuries. It is also alleged that some other co-accused persons had also assaulted the informant and others.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is

Patna High Court CR. MISC. No.1944 of 2020(2) dt.14-01-2020 2/2 further submitted that the petitioner is having a clean antecedent. It is also submitted that the petitioner is languishing in custody since 11.10.2019. Lastly, it is submitted that there is no specific allegation of any sort of overt act, as far as the assault on the deceased is concerned, qua the petitioner herein and a general and omnibus allegation has been levelled against the petitioner. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner has not been alleged to have assaulted the deceased, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Gaya in connection with Wazirganj P.S. Case No. 361 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T