Ashok Jaiswal @ Asok Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27087 of 2023 Arising Out of PS. Case No.-172 Year-2018 Thana- KHAIRA District- Saran ====================================================== Ashok Jaiswal @ Asok Kumar Jaiswal Son of Gautam Jaiswal Residence of village - Khodaibagh, P.S. - Khaira, Distt. - Saran at Chapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Prasad Yadav For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and section 27 of the Arms Act. It is alleged that due to prior land dispute between the parties, on the alleged date and time of occurrence, all the FIR named accused persons including petitioner armed with Desi Pistol came at the Gumti of informant and made indiscriminate firing upon the husband of informant, as a result of which he died.
It is submitted that petitioner has been falsely implicated in this case due to land dispute. Informant is not eyewitness and on suspicion, petitioner has been made accused in
Patna High Court CR. MISC. No.27087 of 2023(2) dt.07-07-2023 2/2 this case. Allegation of firing is general. The police after investigation submitted final form against this petitioner, differing with the same the court below took cognizance against the petitioner. Petitioner has got clean antecedent. Counsel for State opposed the prayer for bail. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Additional Chief Judicial Magistrate X, Saran in connection with Khaira P.S. Case No. 172 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T