Chandan Kumar @ Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17880 of 2023 Arising Out of PS. Case No.-1353 Year-2022 Thana- BIHTA District- Patna ====================================================== Chandan Kumar @ Chandan Paswan Son Of Lal Bihari Paswan @ Bahadur Paswan Village- Madhopur Ps-Bihta Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghuveer Paswan For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR, the allegation against the petitioner along with co-accused persons is that they assaulted the informant by means of lathi. It is further alleged that coaccused, namely, Bhagat Kumar shot fire upon right leg of the informant due to which he sustained firearm injury. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.17880 of 2023(2) dt.12-05-2023 2/2 falsely been implicated in this case. There is no specific allegation of shot fire attributed against the petitioner rather general and omnibus allegation attributed against him. The specific allegation of shot fire is against co-accused person. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihta P.S. Case No. 1353 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Danapur, Patna.

(Sunil Kumar Panwar, J) Manishkumar/- U T