Guhari Paswan @ Ramlakhan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31707 of 2023 Arising Out of PS. Case No.-228 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== Guhari Paswan @ Ramlakhan Paswan Son Of Late Garhan Paswan R/O Vill.- Barune, P.S.- Bikramganj And Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Kumar Dubey, Advocate : Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP For the Informant : Mr. Kumar Rajiv, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Karakat P.S. Case No.228 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 504, 324 and 302 of the Indian Penal Code and 27 of the Arms Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 21.12.2022.
4. The allegation against the petitioner is to commit the murder of the brother-in-law (devar) of the informant by causing firearm injuries, where occurrence arises out of previous enmities due to land disputes.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.31707 of 2023(2) dt.24-07-2023 2/3 petitioner submitted that the allegation of firing is very much general and omnibus against this petitioner as same is also raised against other three co-accused persons out of which coaccused, namely Pappu Paswan, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 37038 of 2023 vide order dated 07.07.2023. While concluding the argument, it is submitted that petitioner found involved in one more criminal case with the same informant and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel appearing on behalf of the informant, opposes the prayer for bail.
7.In view of the facts and circumstances as mentioned above and by taking note of the fact as allegation of firing is very much general and omnibus coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 21.12.2022, accordingly, petitioner, above named, is directed to be released on bail in connection with Karakat P.S. Case No.228 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.31707 of 2023(2) dt.24-07-2023 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Bikramganj, Rohtas/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T