Sagar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.3587 of 2021 Arising Out of PS. Case No.-577 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== SAGAR PASWAN Son of Arun Paswan Resident of Village- Gausaganj, P.S.- Ara Town, Distt- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-04-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of this Court. Heard learned counsel for the petitioner and Mr. Rajesh Kumar, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Ara Nagar P.S. Case No. 577 of 2019 registered for the offences punishable under Sections 341, 323, 504, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is alleged to have fired upon the informant which hit in his back.

Learned counsel submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 10.01.2020. During investigation, no independent

Patna High Court CR. MISC. No.3587 of 2021(2) dt.13-04-2021 2/2 witness has supported the prosecution version. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and the submissions of learned counsel for the petitioner that the petitioner is though named in the FIR and the allegation against him is that he had fired upon the informant but the petitioner has been falsely implicated in this case, the materials placed before this Court showing that this petitioner is specifically named in the FIR as the assailant who had fired from his pistol causing grievous injury to the informant, this Court is not inclined to grant regular bail to the petitioner at this stage. The prayer for regular bail of the petitioner is, thus, refused.

The petitioner may renew his prayer for bail after six months if the trial is not concluded.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.