Karu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49689 of 2019 Arising Out of PS. Case No.-40 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== KARU PASWAN Son of Gaurav Paswan @ Gorakh Paswan Resident of Village - Badi Dargah, Naya tola, P.S.- Bihar Sharif, Distt - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Pandey For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 This application, for grant of anticipatory bail, arises out of Bihar P.S. Case No. 40 of 2018, disclosing offences under Sections 147, 148, 149, 323, 326, 337, 338, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per F.I.R. is that petitioner tried to dash the vehicle to one Mohammad Arshad, thereafter, petitioner started abusing the said Mohammad Arshad and in the meantime associates of petitioner gathered there and they also started abusing and they also made indiscriminate firing and petitioner has also made indiscriminate firing from his rifle causing injury to three persons.
Submission of learned counsel for the petitioner is that entire allegation is false and concocted and as a matter of fact, there was stone pelting from both sides and one witness
Patna High Court CR. MISC. No.49689 of 2019(5) dt.16-11-2019 2/2 was examined and he disclosed that the petitioner was not driving the vehicle and further in the occurrence persons from both sides have received injuries.
Heard learned A.P.P. also.
Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, Biharsharif in connection with Bihar P.S. Case No. 40 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T