Bablu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59763 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Bablu Paswan S/o Shiyasharan Paswan R/o Village- Dhanuki (Tola Lalpur), PS -Manpur, District Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocat For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-09-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Manpur P.S. Case no.72 of 2024 registered for the offence punishable under sections 307, 341, 323, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, it is stated that over a trivial dispute, the petitioner started to abuse the mother of the informant and on protest by the informant, resorted to firing.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case for oblique reasons. No such occurrence as alleged in the FIR has taken place. Admittedly no person was injured as a result of the alleged firing resorted to by the petitioner. So far as the injury is

Patna High Court CR. MISC. No.59763 of 2024(2) dt.19-09-2024 2/3 concerned, the mother of the informant was injured as a result of fall for which the petitioner is not responsible. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant referring to the order of the learned trial Court submits that the material which has transpired in course of investigation has been discussed by the learned trial Court in its order rejecting the application for bail of the petitioner. It would be evident from the same that the covillagers have supported the allegations of firing resorted to by the petitioner and two cartridges have also been found at the place of occurrence.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the learned Court below within a period of four weeks.

8. In case the petitioner so surrenders and prays for regular bail, the same shall be considered on its own merits without being prejudiced by this order of rejection and also

Patna High Court CR. MISC. No.59763 of 2024(2) dt.19-09-2024 3/3 taking into consideration that no person was injured as a result of the alleged firing resorted to by this petitioner. (Partha Sarthy, J) Saurabh/- U T