Mansur Paswan @ Ram Bilas Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33533 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- GWALPARA District- Madhepura ====================================================== Mansur Paswan @ Ram Bilas Paswan, S/o Late Raj Ballav Paswan @ Late Jai Ballav Paswan @ Late Birendra Paswan, R/o Vill.- Khokhsi, P.S.- Gwalpara, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-06-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Gwalpara P.S.Case No. 13 of 2018 registered under Sections 147, 148, 149, 307, 323, 324, 341, 504 and 120B of the Indian penal Code and Sections 25(1-b),a, 26, 27 and 35 of the Arms Act.

Allegation in brief is that a day before the occurrence, informant was passing in front of the house of the petitioner by a vehicle, a tractor was found parked there. When driver of the vehicle said to park the tractor aside, upon which son-in-law of the petitioner started abusing the driver and the informant and later on threatened to take revenge and on the next day, Dara Paswan along with 14-15 boys came and opened fire upon informant and his son, which hit up on waist of one co-villager and one Rajesh Kumar was apprehended from whose

Patna High Court Cr.Misc. No.33533 of 2018(2) dt.18-06-2018 2/2 possession, a country made pistol was recovered. Learned counsel for the petitioner submits that no specific allegation is levelled against the petitioner with regard to coming to the informant's place and no fire was opened by him rather he has been falsely implicated merely because a day before, the informant had entered into quarrel with the petitioner's tractor driver and the injury found on the person of the injured is simple in nature and the petitioner has no criminal antecedent. None of motorcycles recovered in front of the house of the petitioner is of the petitioner and is in custody since 12.03.2018. However, specific allegation of firing is against Dara Paswan and 14-15 unknown persons.

Having considered the aforesaid facts and circumstances, the petitioner, namely , Mansur Paswan @ Ram Bilas Paswan, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Mr. Shiv Kumar, J.M., 1st Class, Uda-Kishunganj, Madhepura in connection with Gwalpara P.S. Case No. 13 of 2018.

(Arun Kumar, J) sujit/- U T