Ranjeet Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19631 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- BHARGAMA District- Araria ====================================================== RANJEET KUMAR PASWAN S/O SHIV CHANDRA PASWAN R/O VILLAGE- KUSHMAUL, WARD NO. 6, P.S- BHARGAMA, DISTT.- ARARIA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Ravish, Advocate For the Opposite Party/s :
Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Bhargama P.S. case No. 258 of 2023 instituted for the offences under Sections 307 of the Indian Penal Code and 27 of the Arms Act.
3. Prosecution case, as per FIR, is that the petitioner used to keep evil eye on the informant and on this issue some dispute had occurred between the petitioner and the husband of the informant. On the alleged date and time, the petitioner and the informant's husband went to visit fare, in the meantime, some villagers told the informant that her husband was lying in injured condition near a small canal, Kushmaul. When the
Patna High Court CR. MISC. No.19631 of 2024(3) dt.01-05-2024 2/3 informant reached there, she found her husband had sustained bullet injuries and he told her that this petitioner fired upon him and tried to kill him.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. He further submitted that on perusal of the FIR itself it appears that there was some dispute between the informant's husband and this petitioner and, therefore, he has been falsely implicated in this case. He further submitted that there is no recovery of any arms from the possession of this petitioner and nor there is any eye-witness to the occurrence which falsifies the allegations levelled against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.10.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that several witnesses in paragraph-9, 10, and 11 of the case diary have supported the prosecution allegation.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.19631 of 2024(3) dt.01-05-2024 3/3
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhargama P.S. case No. 258 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T