Patna High CourtCR. MISC./40465/2024bail rejected

Indal Paswan v. The State Of Bihar

2024-10-28Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40465 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Indal Paswan S/O LATE KARI PASWAN R/O Village Belmohan, P.S. - Fulparas, Distt Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti,Adv.

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-10-2024 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and Nirmal Kumar Sinha representing the State.

2. The petitioner is in custody in connection with Laukahi P.S. Case No. 107 of 2023 for the offence punishable under sections 395, 397 of the Indian Penal Code read with Section 3⁄4 Explosive Substance Act and 27 of the Arms Act lodged on 19.04.2023 by the informant, Bhimsen Ghidia.

3. As per the prosecution story, the informant alleged that having found fire in the ground floor, it was found that the gate has been cut with the gas cutter whereafter, the accused came, broke the godrej almirah and took away the cash of Rs. 2,30,000/-. The SHO was informed and the police arrived but the accused persons throwing bombs and having fired towards

Patna High Court CR. MISC. No.40465 of 2024(7) dt.28-10-2024 2/2 the constables, escaped. The father, who was brutally injured on the head was sent to Laukahi Hospital for treatment. This led to the FIR.

4. Learned counsel for the petitioner tried to impress upon this Court that though he is in custody, no TI parade has been conducted, learned APP submitted that besides the grave allegation, the fact remains that he has criminal antecedent of the same nature inasmuch as he is accused in eight such criminal cases. Learned counsel for the petitioner submits that in three of the cases, he has been acquitted.

5. The accusation is there, the allegation is grave, this coupled with the fact that he has criminal antecedent, for the present, this Court does not deem it fit and proper to extend him the privilege of bail, which is accordingly, rejected.

6. The Trial Court is directed to expedite the trial. (Rajiv Roy, J) Vijay Singh/- U T