Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40093 of 2025 Arising Out of PS. Case No.-30 Year-2023 Thana- KARAHGAR District- Rohtas ====================================================== Sanjay Paswan S/o- Daroga Paswan Village- Trilokpur, P.S. Kargahar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kargahar P.S. Case No. 30 of 2023 instituted for the offences under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that, on the alleged date and time of occurrence, the informant's son was ambushed and assaulted by twelve accused persons where this petitioner fired at him, causing gun shot injuries to him.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submit that general and

Patna High Court CR. MISC. No.40093 of 2025(2) dt.02-07-2025 2/3 omnibus allegation has been made against the petitioner. Learned counsel further submitted that as per allegation levelled in the FIR, this petitioner fired upon the informant's son but as per the injury report, the injuries sustained by him are simple in nature. There is case and counter-case between the parties. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.05.2025 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that there is direct allegation against he petitioner of firing upon the informant's son which is corroborated by the injury report which states that gun shot injuries were sustained by the informant's son.

6. Considering the aforesaid facts and circumstances of the case as also there being direct allegation of firing against the petitioner, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial.

9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the

Patna High Court CR. MISC. No.40093 of 2025(2) dt.02-07-2025 3/3 trial is not concluded within a period of five months from today. (Rudra Prakash Mishra, J) Alok Verma/- U T