Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29100 of 2021 Arising Out of PS. Case No.-414 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== SANJAY PASWAN Son of Bigau Paswan Resident of Village- Pusauli, P.S.- Mohania, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Bihari Singh, Advocate For the Opposite Party/s :

Mr. Umesha Nand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard Mr. Shyam Bihari Singh, learned counsel for the petitioner and Mr. Umesha Nand Pandit, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Mohania P.S. Case No. 414 of 2020 registered for the offences punishable under Sections 341, 323, 385, 504, 506 of the Indian Penal Code 1860, Sections 25 (1-b)a and 26 of the Arms Act. The allegation as per the First Information Report is that while the informant was irrigating his field, the petitioner prevented him and assaulted the informant. It has further been alleged that while the informant was returning back to home at about 2:30 pm and reached near the house of the petitioner, the petitioner again abused and assaulted him and upon hearing the

Patna High Court CR. MISC. No.29100 of 2021(2) dt.06-12-2021 2/3 noise, the son of the informant came there, upon which, the petitioner threatened him waiving his country made pistol. Learned counsel for the petitioner submits that both the parties are agnates and there is land dispute between them. Learned counsel further submits that the country made pistol has been surrendered by the petitioner himself before the Police, for which seizure list has been prepared. Learned counsel next submits that the petitioner is in custody since 28.12.2020 i.e. almost for a year. He also submits that charge sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond and tamper with the evidence.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that no injury has been caused to the informant or his son much less firearm injury, the petitioner is in custody since 28.12.2020 and charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.29100 of 2021(2) dt.06-12-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No. 414 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T