Sanjay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35119 of 2023 Arising Out of PS. Case No.-228 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== SANJAY PASWAN Son of Late Bhola Paswan Resident of Village- Baruna, P.S.- Bikramganj, District- Rohtas (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhim Sen Upadhyay For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 504, 324, 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the petitioner and the coaccused persons are alleged to have shot fired upon the informant's brother-in-law, due to which he died.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is no eye-witness of the alleged occurrence. There is general and omnibus allegation against the petitioner and no specific overt act against
Patna High Court CR. MISC. No.35119 of 2023(3) dt.07-08-2023 2/2 the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 07.07.2023 passed in Cr. Misc. No. 37038 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.12.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Karakat P.S. Case No. 228 of 2022.
7. In view thereof, the petitioner is directed to cooperate the trial. (Sunil Kumar Panwar, J) arish/- U T