← Library
Patna High CourtCR. MISC./10223/2020allowed

Rishi Paswan v. The State Of Bihar

2020-06-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10223 of 2020 Arising Out of PS. Case No.-452 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== RISHI PASWAN, Son of Kishori Paswan, Resident of Village - Lakhan Pur, P.S,.- Mufassil, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-06-2020 This case has been heard through Video Conferencing.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and other accused persons is of assaulting the victim by sword and hockey stick causing he became senseless.

Learned counsel for the petitioner submits that the petitioner is innocent committed no offence and has falsely been implicated in this case due to dirty village politics. It has been submitted that some day prior to alleged incident some scuffle had taken place between the petitioner and the informant for

Patna High Court CR. MISC. No.10223 of 2020(2) dt.30-06-2020 2/2 Puja Chanda causing involvement of the petitioner in this very case. It is falsely alleged that the petitioner opened fire targeting the informant, fact is that the petitioner did not know how to fire a rifle or gun. There is general and omnibus allegation against the accused persons to assault the informant or his associates and there is no any cartridge was recovered from the place of occurrence. The petitioner has no criminal antecedent. Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya in connection with Mufassil P.S. Case No. 452 of 2019, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T