Justice Partha Sarthy granted regular bail to Arun Kumar Paswan in a case concerning rioting and culpable homicide, framing the bail bond with two sureties and directing release via the Additional District and Sessions Judge.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32875 of 2020
Arising Out of PS. Case No.-367 Year-2019 Thana- HAJIPUR SADAR District- Vaishali
======================================================
ARUN KUMAR PASWAN Son of Devan Paswan Resident of VillagePanapur Gaurahi Chaksakra, P.S.- Hajipur Sadar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ankit Kumar, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 08-12-2020
Heard learned counsel for the petitioner and learned
APP for the State, through video conferencing.
The petitioner has filed the instant application for grant of regular bail in connection with Hajipur Sadar P.S. Case No. 367 of 2019 registered under sections 302, 307, 326, 147, 148 and 149 of the Indian Penal Code and section 27 of the Arms Act.
As per allegation in the FIR, there was dispute between the parties while the informant and others were playing cricket. It is stated that the accused persons specially Jaiprakash Rai took away the mobile phone. The informant and others followed him and on their asking for their mobile, they were assaulted by Jitendra Paswan with a rod and in the firing by one Sanjeet Singh, Abhishek Kumar was injured and later
Patna High Court CR. MISC. No.32875 of 2020(2) dt.08-12-2020 2/2
succumbed to his injuries.
It is submitted by learned counsel for the petitioner that as per allegation in the FIR, the petitioner at best can be said to be a member of the mob. No overt act has been alleged against him. The allegations are general and omnibus in nature. The petitioner is in custody since 29.1.2020.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and taking into consideration the allegations made against the petitioner in the FIR together with his being in custody since 29.1.2020, this Court is inclined to enlarge the petitioner on bail.
The above named petitioner is directed to be enlarged on bail in connection with Hajipur Sadar P.S. Case No. 367 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-X, Vaishali at Hajipur.
(Partha Sarthy, J)
sushma/- U T
1 issue framed by the court
Whether the petitioner, alleged to be a member of the mob, should be granted bail given the general nature of allegations and lack of specific overt acts charged against him.
2 provisions across 2 enactments
Arun Kumar Paswan
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
