Nagendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29723 of 2023 Arising Out of PS. Case No.-169 Year-2022 Thana- TEKARI District- Gaya ====================================================== NAGENDRA PASWAN S/O RAMASHISH PASWAN Resident of VillageMalsari, P.S.- Tekari (Panchanpur), District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Tekari (Panchanpur O.P.) P.S. Case No. 169 of 2022 registered for the offences punishable under Sections 147/ 148/ 149/ 341/ 323/ 307 of the Indian Penal Code and under Section 27 of the Arms Act.

As per prosecution case, when the informant reached near Dighaura Surya Mandir all of a sudden petitioner and others surrounded him and ordered to beat him and thereafter, co-accused Birendra Yadav fired upon the informant as a result of which the informant sustained injury on the left shoulder. It is further alleged that petitioner and others opened fire in the air and fled away.

Patna High Court CR. MISC. No.29723 of 2023(2) dt.12-06-2023 2/3 Learned counsel for the petitioner submits that the specific allegation of firing upon the informant is against coaccused Birendra Yadav. He further submits that so far as petitioner is concerned, petitioner opened fire in air and except this there is no specific allegation against the petitioner. He further submits that petitioner is in custody since 12.12.2022 and bears criminal antecedent of three cases in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is innocent and has falsely been implicated in the present case.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya in

Patna High Court CR. MISC. No.29723 of 2023(2) dt.12-06-2023 3/3 connection with Tekari (Panchanpur O.P.) P.S. Case No. 169 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T