Patna High CourtCR. MISC./3025/2016disposed

Avinash Paswan v. The State Of Bihar

2016-01-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3025 of 2016 Arising Out of PS.Case No. -724 Year- 2015 Thana -KHAGARIA District- KHAGARIA ====================================================== Avinash Paswan son of Late Ram Pratap Paswan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/307/504 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that the accused persons including the petitioner came and threatened the informant for deposing in a case in their favour. It is further alleged that the petitioner caused fire arm injury on the left shoulder of the nephew of the informant Pankaj Paswan when the informant went to rescue he was also assaulted by the petitioner with butt of the pistol. It is submitted by learned counsel for the petitioner that for the occurrence of 12.11.2015, the FIR was registered on

Patna High Court Cr.Misc. No.3025 of 2016 (2) dt.19-01-2016 2/2 13.11.2015. There is no injury report on record and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover, the informant has retracted from initial version and has filed a petition to that effect before the learned court below, the same has been brought on record as annexure-2 to the petition.

The aforesaid facts constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Khagaria P.S. Case No.724/2015, pending before the learned CJM, Khagaria. With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T