Saheb Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56578 of 2015 Arising Out of PS.Case No. -125 Year- 2015 Thana -KOILWAR District- BHOJPUR ======================================================

1. Saheb Paswan Son of Ram Suchit Paswan R/o Village-Gyanpur, P.S. Koilwar, District-Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner along with others made attempt to kidnap the informant but when they failed in their attempt, petitioner opened fire but the firing did not hit the informant and after that petitioner and other F.I.R. named accused assaulted the informant with butt of pistol and one co-accused, namely Gopal Kumar Upadhyay was caught by the villagers.

The accusation of assault is omnibus against all the accused including the petitioner and so far as allegation of firing is concerned, admittedly, the informant did not sustain any firearm injury. The other accused, namely, Mantu Miyan, Omkar Nath Gupta and Bishnu Kumar Gupta have already been granted

Patna High Court Cr.Misc. No.56578 of 2015 (2) dt.14-12-2015 2/2 privilege of anticipatory bail by a co-ordinate Bench of this Court whereas the prayer for anticipatory bail of the petitioner was rejected by the said Bench taking note of his criminal antecedent. Learned counsel for the petitioner points out that petitioner was made accused in six cases but in three cases he was acquitted and presently, three cases are pending against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioner has already been completed, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 125 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T