Ram Pukar Paswan @ Pukar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13163 of 2025 Arising Out of PS. Case No.-186 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Ram Pukar Paswan @ Pukar Paswan Son of Gulcharan Paswan Resident of Village- Basantpur, Police Station- Pirpainti, Distt.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Manoj Kumar, Adv.
For the Opposite Party/s :
Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner is apprehending arrest in connection with Pirpainti P.S. Case No. 186 of 2023 registered for the offence punishable under Section 27 of the Arms Act.
3. As per prosecution case, there is allegation against the petitioner who is said to have fired upon the information and informant identified the petitioner when his Gamchha got removed from his face while fleeing away. The reason of occurrence has been stated that petitioner wanted to purchase the land of the informant but information sold his land to one Meera Devi.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.13163 of 2025(3) dt.13-05-2025 2/3 in the first information report. It is submitted that petitioner had already lodged earlier F.I.R. bearing Pirpainti P.S. Case No. 185 of 2023 against the present Mukhiya who is informant of the present case and in retaliation of the said case the present F.I.R. has been lodged implicating the petitioner. Nothing has been recovered from the place of occurrence during course of investigation. No firing material was found at the place of occurrence. Petitioner has criminal antecedent of one case, in which he is already on bail. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Arms Act.
5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Pirpainti P.S. Case No. 186 of
Patna High Court CR. MISC. No.13163 of 2025(3) dt.13-05-2025 3/3 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Alok Kumar Pandey, J) mcverma/- U T