Aman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5175 of 2021 Arising Out of PS. Case No.-69 Year-2020 Thana- DELHA District- Gaya ====================================================== AMAN PASWAN SON OF PRAKASH @ AJAY PASWAN @ JAY PRAKASH RESIDENT OF VILLAGE- BAIRAGI, POLICE STATION - DELHA AND DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Panchanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-06-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Delha P.S. Case no.69 of 2020 registered under sections 307 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, the three named accused persons including the petitioner herein came and as a result of previous dispute, it is stated that Rohit @ Lolo shot with the pistol on the brother of the informant. Thereafter, the accused persons escaped. The brother of the informant was brought to the hospital.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.5175 of 2021(3) dt.21-06-2021 2/2 that the allegations as levelled in the FIR are false and concocted. Even as per the allegations it is only co-accused Lolo who is stated to have fired on the brother of the informant and the allegations are not supported by the injury report. Petitioner is in custody since 16.9.2020 and investigation in the case has concluded.

The application of bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for nine months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Delha P.S. Case no.69 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya.

(Partha Sarthy, J) Spd/- U T