Hon'ble Justice Anil Kumar Sinha granted regular bail to petitioners in a criminal case involving affray, assault, and attempt to murder, noting lack of antecedents, exemption of certain co-accused for bail, and submission of charge sheet.
Petitioners released on regular bail upon furnishing a bond of Rs. 10,000 with two sureties each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2813 of 2022
Arising Out of PS. Case No.-274 Year-2014 Thana- BEGUSARAI MUFFASIL DistrictBegusarai
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Bipin Kumar For the Opposite Party/s : Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
======================================================
The petitioners seek regular bail in connection with Muffasil Police Station Case No. 274 of 2014, registered for the offence under Sections 147/ 149/324/384/385/307/447/364 of the I.P.C. and Section 27 of the Arms Act.
The prosecution case, as per the First Information Report, is that altogether 29 named accused persons, including the petitioners, arrived at the land of the informant for the purpose of taking its possession by constructing a hut over the said land of the informant and on protest, three accused persons
Patna High Court CR. MISC. No.2813 of 2022(2) dt.14-02-2022 2/3
namely, Ghuro Paswan, Bisheshwar Paswan and Sunil Sah, assaulted the informant by means of Gupti and Bisheshwar Paswan also fired upon him but the same did not hit the informant.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case along with large number of accused persons and from perusal of the First Information Report, it appears that no overt act has been alleged against the petitioners. He further submits that petitioners have got no criminal antecedent. He next submits that the co-accused persons against whom there is allegation of assault by means of Gupti and firing have been granted bail by different Co-ordinate Benches of this Court in Criminal Misc. No. 5311 and 18401 of 2018 respectively. He further submits that co-accused Bhim Paswan (Criminal Misc. No. 56036 of 2021), Manoj Paswan (Criminal Misc. No. 56329 of 2021), Gorelal Paswan and Biro Paswan (Criminal Misc. No. 59712 of 2021) and Arjun Paswan, Kamleshwari Paswan and Lucho Pandit (Criminal Misc. No. 66474 of 2021) have been granted bail by this Court. He further submits that the petitioners are in custody since 08.07.2021 charge sheet has already been submitted and as such there is no likelihood that the petitioners will abscond or tamper with the
Patna High Court CR. MISC. No.2813 of 2022(2) dt.14-02-2022 3/3
evidence.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record and the fact that petitioners have got no criminal antecedent, similarly situated co-accused persons have been granted bail by this Court, they are in custody since 08.07.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.
Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 10000/(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Muffasil Police Station Case No. 274 of 2014.
Prabhakar Anand/-
U √ T √
(Anil Kumar Sinha, J.)
1 issue framed by the court
Whether the petitioners, who have no criminal antecedent, false implication, and co-accused granted bail, be released on regular bail.
1 provisions across 1 enactments
Raj Kumar @ Raj Kumar Pandit
Saheb @ Vijay Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
