Ram Paswan @ Ramanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9310 of 2023 Arising Out of PS. Case No.-253 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Ram Paswan @ Ramanand Paswan S/O Bhaglu Paswan R/v- Banhara, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 396 of the Indian Penal Code and Section 27 of Arms Act. Later on, the charge sheet has been submitted under Sections 302, 120(B)/34 of the Indian Penal Code and 27 of Arms Act. The prosecution case, in brief, is that while the informant was going to sleep, the petitioner along with 3-4 unknown miscreants entered into his house, started looting and tried to flee away. During this incident, co-accused Sushil Rai and Shiv Lochan Rai fired upon the son of informant, namely, Avinash Kumar due to which his son fell

Patna High Court CR. MISC. No.9310 of 2023(3) dt.19-05-2023 2/3 down on the ground and died. The petitioner fired on abdomen of his second son due to which he sustained gun shot injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of para145 Case diary, injured Rajnish Kumar stated that coaccused Shivlochan Ram fired upon him whereas, the informant alleged in the FIR, is that this petitioner fired upon the injured Rajnish Kumar which shows contradiction between the prosecution and the statement of injured. It is further submitted that the specific allegation of shot fire upon the deceased Awanish Kumar is against other coaccused Shiv Lochan Rai and Sushil Rai. The petitioner has got no criminal antecedents and languishing in judicial custody since 06.09.2022.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well

Patna High Court CR. MISC. No.9310 of 2023(3) dt.19-05-2023 3/3 as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Teghra P.S. Case No. 253 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai.

(Sunil Kumar Panwar, J) Niraj/Lata U T