Dipak Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20006 of 2021 Arising Out of PS. Case No.-185 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== DIPAK PASWAN SON OF SRI BIHAI PASWAN R/O - PURANDARPUR, P.S.- JAKKANPUR, DISTRICT- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranaya Shanker Sinha, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Jakkanpur P.S. case No.185/2020 registered under Section 27 of the Arms Act.

Prosecution case, in short, is that the petitioner and co-accused were making firing on the next day of Holi. Police

Patna High Court CR. MISC. No.20006 of 2021(2) dt.14-02-2022 2/3 received video and after verification from the local residents, case was registered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The video, which became viral, shows that the petitioner is making firing from the gun. On the basis of the said viral video, the present case has been instituted. It has further been submitted on behalf of the petitioner that it was not original fire gun, rather it was toy gun, which was shown in the hand of the petitioner. Except for the viral video, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the

Patna High Court CR. MISC. No.20006 of 2021(2) dt.14-02-2022 3/3 present situation which has arisen due to the sudden rise in covid cases.

Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. 1st, Patna in connection with Jakkanpur P.S. case No.185/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T