Munna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38478 of 2025 Arising Out of PS. Case No.-311 Year-2024 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Munna Paswan Son of Anuj Paswan @ Anuja Paswan Resident of Village - Belaur, Police Station - Buxar Industrial in the district of Buxar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The accused/petitioner seeks bail in connection with Buxar Industrial P.S. Case No. 311 of 2024 registered for the offences under Sections 329(4), 127(2), 115(2), 109, 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.') and 27 of the Arms Act.

3. The accused/petitioner is named in the First Information Report and is in custody since 07.03.2025.

4. Allegation against the petitioner is to open fire along with other co-accused persons where one of the bullets hit to the chest of one Harendra Bind.

5. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.38478 of 2025(2) dt.18-08-2025 2/3 behalf of the petitioner that if the face of FIR be taken into consideration then only two persons be found injured during the occurrence i.e. son of the informant namely, Rakesh Bind and another is Harendra Bind, but during investigation, one Hiralal Bind was also found injured for which the FIR is completely silent, which makes the entire occurrence doubtful.

6. It is submitted that the thrust of allegation qua firing upon injured Harendra Bind is available specifically against co-accused Anup Paswan, whereas the allegation against the petitioner is very much general and omnibus without specifying any overt act, where informant is the eye witness of the occurrence and considering the same, similarly situated coaccused namely, Virendra Paswan was granted bail by one of the learned coordinate Bench of this court through Cr. Misc. No. 17039 of 2025 dated 11.04.2025.

7. While concluding argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is already completed, charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.

8. Learned A.P.P. for the State has opposed the prayer

Patna High Court CR. MISC. No.38478 of 2025(2) dt.18-08-2025 3/3 for bail of the petitioner.

9. Considering the facts and circumstances as mentioned above and by taking note of the fact as allegation qua assault is very much general and omnibus against the petitioner as the same is specific against the co-accused Anup Paswan, coupled with the fact that petitioner remains in custody since 07.03.2025, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar Industrial P.S. Case No. 311 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T