Patna High CourtCR. MISC./61799/2021bail granted

Akshayabar Paswan v. The State Of Bihar

2022-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61799 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- DINARA District- Rohtas ====================================================== AKSHAYABAR PASWAN Son of Rameshwar Paswan Resident of Village - Arung, P.s.- Dinara, Distt.- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, on the occasion of birthday of informant's son while dance programme was going on suddenly this petitioner came and opened fire due to which one dancer sustained injury on her face and stampede took place.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Informant is not eye witness of the occurrence. The occurrence took place in the night but the informant has not

Patna High Court CR. MISC. No.61799 of 2021(4) dt.29-11-2022 2/2 disclosed the source of identification. Although there is allegation of firing but no fire arm injury was found. There is no injury report on record. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Bikramganj, Rohtas at Sasaram in connection with Dinara (Bhanas) PS case No. 18/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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