Virin Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42579 of 2019 Arising Out of PS. Case No.-305 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== VIRIN PASWAN S/o Anil Paswan @ Sanjay Paswan R/o village- Khairabad, P.S.- Bihar Sharif, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2019 Heard the learned counsel for the parties.

This is an application for grant of anticipatory bail on behalf of the petitioner in connection with Bihar P.S. Case No. 305 of 2018, disclosing offences punishable under Sections 147, 148, 149, 323, 326, 307 and 504 of the Indian Penal Code, including Section 27 of the Arms Act.

This is not in dispute that the victim Rajeev Kumar sustained fire-arm injuries in his right shoulder and there is specific allegation against this petitioner that he had opened the fire.

In view of specific allegation against the petitioner of having opened fire with a country-made pistol, causing injury, I am not inclined to grant the

Patna High Court CR. MISC. No.42579 of 2019(2) dt.10-07-2019 2/2 petitioner the privilege of anticipatory bail. The application is accordingly rejected.

However, the petitioner is directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T