Hareram Paswan @ Hareya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57044 of 2023 Arising Out of PS. Case No.-13 Year-2021 Thana- DANDARI District- Begusarai ====================================================== HARERAM PASWAN @ HAREYA S/O RAMBILAS PASWAN @ RAMVILASH PASWAN @ RAMBILASH PASWAN R/O VILLAGERAJOPUR, WARD NO. 03, P.S- DANDARI, DISTT.- BEGUSARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of assaulting the son of the informant, when he went to attend call of nature. It is further alleged that the accused persons shot fired upon the informant's son due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The

Patna High Court CR. MISC. No.57044 of 2023(3) dt.21-09-2023 2/2 name of the petitioner has come into light on the basis of confessional statement of co-accused Guddu Paswan, which has got no evidentiary value in the eyes of law. There is no specific overt act of shot fire against the petitioner. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has remanded in this case from another case and he is languishing in judicial custody since 07.09.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Dandari P.S. Case No. 13 of 2021.

(Sunil Kumar Panwar, J) arish/- U