Gaurav Kumar @ Gaurav Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.35098 of 2016 (2) dt.02-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35098 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Gaurav Kumar @ Gaurav Paswan, Son of Raj Kumar Paswan, Resident of Village- Papernausa, P.S.- Noorsarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Noorsarai P.S. Case No. 140 of 2016 registered under Sections 149, 341, 323, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that eight persons named in the FIR including the petitioner surrounded the informant and started to abuse him. At that time, co-accused, Uchit Paswan made attempt to give Pasuli blow at the informant causing injury at his nose and this petitioner shot fire at him, on which, he fell down. Thereafter, other accused persons also caused injury to the informant.

Patna High Court Cr.Misc. No.35098 of 2016 (2) dt.02-09-2016 Learned counsel for the petitioner submits that occurrence of scuffle took place due to land dispute but the informant has lodged present case with false allegation of firing by the petitioner causing injury at the informant but no firearm injury was found on the person of the informant or any other members of the prosecution party. It is further submitted that this false case has been lodged against the petitioner and others only to give undue pressure to withdraw the claim in respect to the land dispute. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Nalanda at Biharsharif, in connection with Noorsarai P.S. Case no. 140 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.