Sunil Paswan @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50629 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sunil Paswan @ Sunil Kumar Son Of Lakhindra Paswan @ Lakhinder Paswan Resident Of Village- Chakbaladhari, Ps- Hajipur Sadar, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 353, 307 and 34 of the Indian Penal Code, Sections 3/4 of the Explosive Substance Act and Section 27 of Arms Act. Prosecution case in short, is that, co-accused persons along with other 3-4 unknown persons came at the house of Surendra Paswan and started firing and hurling bomb at his house, on protest they managed to flee from there. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused,

Patna High Court CR. MISC. No.50629 of 2023(2) dt.11-08-2023 2/2 namely, Rohit Kumar before the police which has got no evidentiary value in the eye of law. Neither anything has been recovered from the conscious possession of the petitioner nor he has been put on TIP yet. It is further submitted that he has no concern with the alleged occurrence. He has been remanded in this case from Hajipur Sadar P.S. Case No. 306 of 2023 on 26.05.2023 since then he is languishing in judicial custody. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 147 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Shubham/- U T