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Patna High CourtCR. MISC./85564/2019bail granted

Pappu Paswan v. The State Of Bihar

2020-06-15Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85564 of 2019 Arising Out of PS. Case No.-905 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Pappu Paswan, aged about 40 years, male, S/o Mangal Paswan, R/o VillageBara Jagarnath, P.S.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-06-2020 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Satyavrat Verma, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Ahiyapur P.S. Case No. 905 of 2019, dated 01.08.2019, instituted for the offences under Sections 147, 148, 149, 341, 323, 332, 353, 427 and 327 of the Indian Penal Code and Section 3/4 of the Damage to

Patna High Court CR. MISC. No.85564 of 2019(4) dt.15-06-2020 2/3 Public Property Act.

It appears from the prosecution report that an occurrence took place in which a student of an upgraded middle school was stabbed to death. This was the impetus for many persons of the locality to assemble at the place of the occurrence. The petitioner is also stated to be one of them. The accused persons are alleged to have indulged in various acts of violence including damaging the public property.

It has been urged on behalf of the petitioner that nothing specific has been alleged against him. He has been made accused in this case on mistaken identity. It has further been submitted that the petitioner runs a small business in his village and was only a bystander. His implication in the present case is, therefore, only because of misconception of the local police.

Considering the facts aforestated including the nature of accusation and taking into account the clean antecedent of the petitioner, he, in the event of his arrest or surrender before the learned Court below within a period of

Patna High Court CR. MISC. No.85564 of 2019(4) dt.15-06-2020 3/3 six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 905 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T