Patna High CourtCR. MISC./32565/2024bail rejected

Haro Paswan @ Santosh Paswan v. The State Of Bihar

2024-07-20Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32565 of 2024 Arising Out of PS. Case No.-120 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Haro Paswan @ Santosh Paswan Son Of Hulas Paswan Resident Of VillageChulihari, P.S- Asthawan , Dist- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Asthawan P.S. Case No. 120 of 2023 for the offence under sections 341, 323, 307, 504, 34 of the Indian Penal Code and section 27 of Arms Act lodged on 11.05.2023 by the informant, Birbal Paswan.

3. As per the prosecution story, the allegation is that the petitioner along with others assaulted the informant's son by 'lathi' and later, specific allegation is against the petitioner of using pistol to fire which hit the stomach of the informant's son causing injury. He was taken to Sadar Hospital, Biharsharif and then to V.I.M.S., Pawapuri and from there to Patna.

4. Learned counsel for the petitioner now tried to

Patna High Court CR. MISC. No.32565 of 2024(3) dt.20-07-2024 2/2 deflect the issue submitting that the allegation levelled in the FIR against this petitioner did not matches with the injury report.

5. Learned counsel for the informant, on the other hand, submits that in Hulas Paswan case Cr. Misc. No. 60351 of 2023, it was specific submission of learned counsel for the petitioner that allegation mainly against this petitioner. The FIR clearly points fingure towards this petitioner that he twice opened fire causing injury to the informant's son who was taken to Biharsharif then Pawapuri and ultimately Patna.

6. In that background, it would be appropriate that the petitioner seeks bail.

7. Accordingly, the anticipatory bail application stands rejected.

(Rajiv Roy, J) Arish/- U T