Bipin Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39450 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== Bipin Paswan S/o Narayan Paswan resident of Village - Telaunchh, P.S. - Chautham, District - Khagaria ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party :
Mr. Iftekhar Mahmood, APP 202 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
Petitioner, who is languishing in judicial custody since 23.04.2018, seeks bail in connection with Chautham P.S. Case No. 74 of 2018 for offences alleged under Sections 341, 323, 447, 307 and 504 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, as lodged by the informant, is that while he was sitting at the door of the house, the petitioner, along with two others, demanded toddy and on his refusal fired on him, as a result he was seriously injured. It has been submitted by the learned counsel for the petitioner that he is innocent, bears ho criminal history and has been falsely implicated in the aforesaid case. He submits that as per medical report, there is no fire arm injury and injury has
Patna High Court Cr.Misc. No.39450 of 2018(3) dt.07-09-2018 2/2 been found to be simple caused by hard and blunt substance. He submits that the charge sheet has already been submitted and there is no allegation of tampering of the prosecution witness. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Chautham P.S. Case No. 74 of 2018 to the satisfaction of Sri Brajesh Kumar, Judicial Magistrate, 1st Class, Khagaria.
(Nilu Agrawal, J) Shamshad/- U T