Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27389 of 2021 Arising Out of PS. Case No.-306 Year-2019 Thana- TATARPUR District- Bhagalpur ====================================================== Shambhu Paswan Son of Late Mani Paswan Resident of Village- Rasadpur, P.S.- Nathnagar (Madhusudanpur), District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2021 Heard both parties.

The petitioner seeks bail in Tatarpur Vishwavidalaya P.S. Case No. 306 of 2019, registered for the offence punishable under Sections 307, 323 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, while the informant was returning after attending feast on his cycle and reached near the gate of TNB college, the FIR named accused persons came on bike, snatched cash of Rs. 1500/- and assaulted him with slaps. Thereafter, petitioner fired upon him which hit his neck on the left side and he fell down on the ground.

It is submitted on behalf of the petitioner that petitioner is alleged to have fired only one shot, but as per injury report, there are two fire arm injuries on the neck of informant.

Patna High Court CR. MISC. No.27389 of 2021(3) dt.22-11-2021 2/2 There is no mention of time of occurrence in the FIR and petitioner has been falsely implicated due to land dispute. Petitioner is in custody since 22.01.2021 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 7th, Bhagalpur in connection with Tatarpur Vishwavidyalaya P.S. Case No. 306 of 2019.

(Prabhat Kumar Singh, J) vinita/- U T