Ram Sugiya Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40285 of 2020 Arising Out of PS. Case No.-146 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== RAM SUGIYA PASWAN Son of Janardan Paswan Resident of VillageSahuri, Ward No.05, P.S.- Birpur, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-02-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Birpur Police Station Case No. 146 of 2019, registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as per the First Information Report, is that the petitioner arrived at the house of the informant and told him that Bumbam Rai was calling him, upon which the informant accompanied the petitioner along with his cousin brother, Rakesh Kumar and as soon as the informant reached near the Community Hall, Bumbam Rai and his nephew Chandan Kumar, who were standing there from before, started firing upon them, due to which the informant and Rakesh

Patna High Court CR. MISC. No.40285 of 2020(2) dt.26-02-2021 2/3 Kumar sustained gun-shot injuries. It has further been alleged that the firing made by this petitioner hit the informant and the firing made by co-accused Bumbam Rai hit Rakesh Kumar. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive and there is contradiction in the First Information Report itself inasmuch as in the first part of the First Information Report, the informant alleged that the firing was made by Bumbam Rai and his nephew Chandan Kumar; whereas in the end of the First Information Report, the informant alleged that the firing made by this petitioner hit the informant and the firing made by co-accused Bumbam Rai hit Rakesh Kumar. He next submits that the petitioner has got no criminal antecedent and co-accused Chandan Kumar has been granted bail by coordinate Bench of this Court, vide order, dated 24.09.2020, passed in Criminal Misc. No. 24726 of 2020.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the nature of allegation made in the First Information Report as well as the fact that co-accused Chandan Kumar has been granted bail by this Court, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.40285 of 2020(2) dt.26-02-2021 3/3 Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Begusarai, in connection with Birpur Police Station Case No. 146 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √