Rampati Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55422 of 2023 Arising Out of PS. Case No.-5 Year-2021 Thana- CHAKARANDHA P.S. District- Gaya ====================================================== RAMPATI PASWAN Son of Jawahar Paswan RESIDENT VILLAGE - MAHURAWAN, PS CHAKARBANDHA, DIST GAYA ... ... Petitioner/s

Versus

THE STATE OF BIhar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Nikhil For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 120(B) and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, the informant and his father were going towards Bhaluahi ahar. In the meantime, accused persons holding country made pistol started assaulting his father and kill him. They also opened fire on the informant which was missed.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. Specific allegation is against Rahul Kumar and Pintu Kumar who of whom Rahul Kumar has already been granted

Patna High Court CR. MISC. No.55422 of 2023(2) dt.30-08-2023 2/2 regular bail vide order dt. 22.5.2023 passed in Cr. Misc. No. 22688 of 2023 by another Bench of this Court. Save and except suspicion, nothing has come against the petitioner. General and omnibus allegation has been levelled against him. Petitioner has got no criminal antecedent and languishing in judicial custody since 3.7.2023.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner was also the member of the antisocial assembly and he was also present at the time of incident.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sherghati (Gaya) in connection with Chakarbandha P.S. Case No. 5 of 2021.

(Sunil Kumar Panwar, J) sushma/- U