Chhotu Paswan @ Saroj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18198 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Chhotu Paswan @ Saroj Paswan, S/O Umashankar Paswan, Resident of village- Ahmadpur, P.S.- Sarairanjan, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sarairanjan P.S. Case No. 296 of 2022 registered for the alleged offences under Sections 341, 323, 307, 379, 387, 452, 504 and 506/34 of the Indian Penal Code.
3. As per prosecution case, petitioner and other coaccused persons came to the shop of the informant. The petitioner and the co-accused Ranjay Das were carrying loaded pistol whereas one unknown co-accused was armed with knife. They demanded money from the informant and this petitioner put pistol on the chest of the informant and snatched a gold chain weighing 18 grams from the neck of the informant. They also took away Rs. 50,000/- which was sale proceeds for the day and further asked the informant to pay Rs. 5,00,000/- otherwise he would shot dead. Whole occurrence was caught in CCTV.
Patna High Court CR. MISC. No.18198 of 2023(2) dt.15-05-2023 2/2
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Allegations are false and concocted. Nothing incriminating or looted articles have been recovered from the possession of this petitioner. Informant has not sustained any injury and no offence under Section 307 of IPC is made out against this petitioner. Petitioner is in custody since 09.11.2022 and charge-sheet has been submitted.
5. Learned APP vehemently opposes the prayer for bail submitting that the petitioner is having criminal antecedent and is accused in four such cases. Perusal of rejection order shows that the act of the petitioner was caught on CCTV.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the direct and specific nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner.
6. Hence, his prayer for bail is rejected.
7. Learned trial court is directed to expedite the trial and conclude the same within a year.
(Arun Kumar Jha, J) balmukund/- U T