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Patna High CourtCR. MISC./55043/2023allowed

Shailesh Paswan v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55043 of 2023 Arising Out of PS. Case No.-747 Year-2022 Thana- DHANARUA District- Patna ====================================================== Shailesh Paswan S/O Late Mahendra Paswan R/O Village- Ziyauddinchak, P.O- Bir, P.S- Dhanarua, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 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 307, 506 of the IPC and Section 27 of Arms Act.

As per allegation in the F.I.R., on the alleged date of occurrence while the informant was returning by his Tractor, the accused persons including petitioner came to him and started firing upon him but the informant narrowly escaped and gun shot hit on the tire of his tractor. It is further alleged that the accused persons fled away saying to withdraw the murder case of the informant's uncle Khubal Yadav.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.55043 of 2023(2) dt.29-08-2023 2/2 falsely been implicated in this case due to dirty village politics his long criminal antecedents. Allegedly petitioner has opened fire which hit only the tire of tractor of the ifnormant but no one was injured in this case. He is languishing in judicial custody since 13.04.2023.

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 Dhanarua P.S. Case No.474 of 2022 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, Patna.

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