Balwant Kumar Paswan @ Balbant Paswan @ Ballam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11062 of 2023 Arising Out of PS. Case No.-429 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== BALWANT KUMAR PASWAN @ BALBANT PASWAN @ BALLAM Son of Hiralal Paswan Resident of Village- Khoksa Kalyan, P.S.- Desari, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 307 of the Indian Penal Code and Section 27 of Arms Act. According to FIR, the informant alleged that some miscreants came there and made firing as a result of which he sustained gun shot injury. Thereafter, this case has been lodged against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case. The name of the petitioner came into

Patna High Court CR. MISC. No.11062 of 2023(3) dt.11-07-2023 2/2 light in this case on the basis of confessional statement of other co-accused namely, Satish Kumar before the police, which is inadmissible in the eye of law. During course of investigation, no any consistent material come on record which suggests the complicity of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 14.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Biddupur P.S. Case No. 429 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T