Bindi Paswan @ Jaykant Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40130 of 2024 Arising Out of PS. Case No.-190 Year-2023 Thana- BHARGAMA District- Araria ====================================================== Bindi Paswan @ Jaykant Paswan son of Late Bhola Paswan VillageJorawarganj Ps- Kumarkhand District-Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gaurav Kumar Verma, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP For the Informant Mr. Bijendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned Counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks regular bail in connection with Bhargama P.S. Case No. 190 of 2023 registered on 16.07.2023 for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302, 504, 506, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution, the FIR has been lodged against 17 named accused and 7-8 unknown accused persons including the petitioner alleging therein that all the accused persons variously armed came to the agricultural field of the informant and started assaulting the informant and others. It is specifically alleged against this petitioner that in course of
Patna High Court CR. MISC. No.40130 of 2024(2) dt.10-07-2024 2/3 fleeing away from the place of occurrence, he was shooting arrows.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. In fact, no such occurrence took place, but in the background of an earlier land dispute, the present case has been lodged with frivolous allegations. Moreover, there is case and counter case between the parties as the petitioner side filed a complaint case bearing Complaint Case No. 1635-C of 2023. Learned counsel for the petitioner further submits that the antecedent of the petitioner is not clean as there were four criminal cases pending against him, but in all the four cases, he has been granted bail. The petitioner is ready to fulfill all the conditions whatsoever may be imposed upon him and he is in custody since 12.01.2024.
5. Learned counsel for the State opposes the prayer for bail.
6. Learned counsel for the informant opposes the prayer for bail and submits that it is case of double murder. The allegation against the petitioner is that he was shooting arrows.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named
Patna High Court CR. MISC. No.40130 of 2024(2) dt.10-07-2024 3/3 be released on bail, but only after three months from the date of framing of charge, if already not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T