Ram Pukar Paswan @ Pukar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11919 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== RAM PUKAR PASWAN @ PUKAR PASWAN Son of Munni Lal Paswan @ Munna Paswan Resident of Village-Shambhuchak, P.S.-Kalyanpur, DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manjeet Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 504, 34 of the Indian Penal Code and Section 25(1-b)a, 26, 35, 36 of the Arms Act.
3. Allegedly, all the FIR named accused persons including the petitioner are said to have surrounded the informant and pointed country made pistol on his chest. Coaccused Sushant Kumar Tiwari wrapped gamcha around the neck of the informant and co-accused Manish Singh snatched cash Rs. 27,000/- from his pocket. On objection, all
Patna High Court CR. MISC. No.11919 of 2024(2) dt.12-03-2024 2/3 the accused persons assaulted him with fist and slap.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He was not present at the place of occurrence as he has been living out of Bihar since long time. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner and he has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in
Patna High Court CR. MISC. No.11919 of 2024(2) dt.12-03-2024 3/3 connection with Kalyanpur P.S. Case No. 264 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T