Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14027 of 2024 Arising Out of PS. Case No.-639 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== SURESH PASWAN S/O LATE KAILASH PASWAN Resident of VillageChadhuwan (Chandua), P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kudhani (Turki O.P.) P.S. Case No. 639 of 2023, lodged on 19.11.2023 under Sections 324, 307, 120(B), 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner. There is specific allegation against the petitioner of gun shot to the son of the informant due to which he has received injury on his left thigh.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that from the statement of the FIR it becomes clear that the

Patna High Court CR. MISC. No.14027 of 2024(3) dt.24-04-2024 2/3 petitioner is mama and the injured is his bhanja. Counsel further submits that the petitioner is a person of clean antecedent and is in custody since 20.11.2023. He submits that from the contents of the FIR it becomes clear that the petitioner has no intention to kill the injured and due to this reason the leg was injured. He submits that from the contents of the FIR it is also clear that there was a dispute going on relating to business matters.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner of making gun shot upon the informant's son.

6. Upon specific query of the Court from the counsel of petitioner that whether charge has been framed in this case or not, counsel submits that as per his knowledge, charge has not been framed in this case.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail, only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, West Muzaffarpur in connection with Kudhani (Turki O.P.) P.S.

Patna High Court CR. MISC. No.14027 of 2024(3) dt.24-04-2024 3/3 Case No. 639 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Sudha/- U T