Indrajeet Paswan @ Karpuri Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49966 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- TISIAUTA District- Vaishali ====================================================== Indrajeet Paswan @ Karpuri Paswan S/o Late Mauji Paswan R/o Village - Bijhauli Bindi Chowk, P.S. - Tisiauta, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishwajeet Singh, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-02-2022 Heard learned counsel for the petitioner and Shri Rabindra Kumar, learned A.P.P. for the State through virtual court proceedings.
The petitioner seeks bail in connection with Tisiauta P.S. Case No. 50 of 2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 327, 307, 332, 333, 353, 354-A and 504 of the Indian Penal Code read with Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 01.04.2021 and charge-sheet has been submitted in the case.
Learned counsel for the petitioner submits that the informant alleges that the named accused persons including the petitioner had kept liquor in their house, accordingly the police
Patna High Court CR. MISC. No.49966 of 2021(3) dt.10-02-2022 2/3 reached the house of Ranjeet Paswan where villagers assembled and Ranjeet Paswan started abusing the police force and called his associates and family members and altogether 33 F.I.R. named accused persons and 100 unknown came there variously armed with lathi, danda, rod and started misbehaving with the police. It is further alleged that this petitioner opened indiscriminate firing and even tried to snatch the rifle from a lady cop and when the informant came in rescue of the lady cop, then the named accused persons, excluding the petitioner, attacked him and he fell down to which constable Ajay Kumar Paswan responded by air firing and the accused receded but they again started pelting stones, bricks, accordingly the police had to leave and got themselves treated at P.H.C.
, Patepur. Learned counsel for the petitioner submits that the allegations are general and omnibus against 33 named and 100 unknown persons and as far as allegation of firing is concerned, the same is ornamental as no one was hit in the firing and also the wife of this petitioner had instituted Hajipur SC/ST P.S. Case number 19 of 2019 against the high handedness of the then S.H.O., Tisiauta and one another and that was also a reason for implicating the petitioner falsely in the present case. Learned A.P.P.
Patna High Court CR. MISC. No.49966 of 2021(3) dt.10-02-2022 3/3 prayer for bail of the petitioner and submits that the petitioner has antecedent of five cases on which the learned counsel for the petitioner submits that the cases are under the Excise Act. Considering the fact that the petitioner is in custody since 01.04.2021, charge-sheet has been submitted in the case, the allegation appears to be general and omnibus and no one was hurt in the firing, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 50 of 2020. (Satyavrat Verma, J) Rishi/- U T