The Patna High Court granted regular bail to the petitioner, who was arrested in connection with offences under various sections of the IPC and the Arms Act. The Court was influenced by the petitioner's clean record and the surrender of co-accused to bail.
Petitioner released on regular bail on furnishing a bond of Rs. 10,000/- and two sureties.
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.56036 of 2021
Arising Out of PS. Case No.-274 Year-2014 Thana- BEGUSARAI MUFFASIL DistrictBegusarai
======================================================
BHIM PASWAN @ BHIM Son of Dhuro Paswan Resident of Village - Naya Nagar Bishanpur Dhabauli Ward No. 01, Police Station - Muffasil, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Jitendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 10-02-2022 Heard the parties through virtual court proceedings.
Petitioner seeks regular bail in connection with Muffasil P.S. Case No. 274 of 2014 registered for the offence under Sections 147, 148 , 149, 324, 384 , 386, 307, 447, 364 of the I.P.C. and Section 27 of the Arms Act.
As per the First Information Report altogether 29 named accused persons arrived at the land of the informant for the purpose of taking its possession by constructing a hut over the same of the informant and on protest three accused persons 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.
Patna High Court CR. MISC. No.56036 of 2021(2) dt.10-02-2022 2/3
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case along with large number of accused persons and perusal of the First Information Report it appears that no overt act has been alleged against the petitioner. He further submits that petitioner has got no criminal antecedent and 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 vide Annexure 2 Series [Ghuro Paswan in Cr. Misc. No. 5311 of 2018 and Bisheshwar Paswan in Cr. Misc. No. 18401 of 2018], the petitioner is in custody since 5 / 6 / 2021 and charge sheet has already been submitted .
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 5 – 6 – 2021 , charge sheet has already been submitted, the co- accused persons having allegation of assault have been granted bail by different Co-ordinate Benches of this court, as such, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/-
Patna High Court CR. MISC. No.56036 of 2021(2) dt.10-02-2022 3/3
(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 274 of 2014.
(Anil Kumar Sinha, J)
praful/-
U t
2 issues framed by the court
Whether the petitioner is entitled to be released on regular bail.
Whether the lack of overt acts allged against the petitioner and his clean antecedents warrant bail.
10 provisions across 1 enactments
Bhim Paswan @ Bhim
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
