Rohit Kumar @ Lolo Paswan @ Lolo @ Rohit Paswan @ Sunny v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2993 of 2021 Arising Out of PS. Case No.-360 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== Rohit Kumar @ Lolo Paswan @ Lolo @ Rohit Paswan @ Sunny, Son of Sanjay Kumar @ Pela Paswan @ Sanjay Paswan, Resident of MohallaBangla Sthan, Pahsi, P.S- Kotwali, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan- Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-03-2021 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State.

The petitioner seeks regular bail in connection with Kotwali P. S. Case No.360 of 2019 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 379, 427, 448, 504, 506 of the I.P.C. and Section 27 of the Arms Act. As per prosecution case, on 06.08.2019 at about 6.50 P.M. informant's wife was selling articles in her shop. 20-25 persons came in her shop with arms and started abusing her. It is further alleged that they took away Rs.30,000/- from the counter of the shop. It is further alleged that when informant reached there, this petitioner along with co-accused Aman Paswan fired

Patna High Court CR. MISC. No.2993 of 2021(2) dt.15-03-2021 2/3 on him causing no injury. It is further alleged that no offence under Section 307 of the I.P.C. is made out. It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. No firearm injury has been caused. Petitioner has got criminal antecedent. It is further alleged that similarly situated co-accused have already been granted bail by this Court vide orders dated 31.01.2020 and 23.09.2020 passed in Cr. Misc. No.4967 of 2020 and Cr. Misc. No.24264 of 2020 respectively. Charge-sheet against petitioner has already been submitted.

In the facts and circumstances of the case that no injury has been caused, prayer for bail of the petitioner is allowed, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Kotwali P. S. Case No.360 of 2019.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/ her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.2993 of 2021(2) dt.15-03-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) vikash/- U T