Rahul Paswan @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21761 of 2024 Arising Out of PS. Case No.-101 Year-2020 Thana- TEKARI District- Gaya ====================================================== RAHUL PASWAN @ RAHUL KUMAR S/O RAMANAND PASWAN @ PAWAN PASWAN R/O VILLAGE- SAMANPURA BARHOPUR, P.SKINJAR, DISTT.- ARWAL. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 342, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to F.I.R., on 10.03.2020 at about 3 PM, while the informant was going on his bicycle near the brick kiln, three persons including this petitioner and two unknown persons riding on motorcycle came there and assaulted the informant and on protest, this petitioner opened fire upon him which hit his cheek and informant became unconscious.
4. Learned counsel for the petitioner submits that allegation of assault is general and omnibus. It is next submitted
Patna High Court CR. MISC. No.21761 of 2024(4) dt.02-07-2024 2/2 that thought there is allegation of firing upon the informant by this petitioner but no fire arms injury has been found on the informant by the doctor which itself falsifies the prosecution story. Petitioner claims clean antecedent.
5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate-VI, Gaya in connection with Tekari P. S. Case No. 101 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T