Bua Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57155 of 2025 Arising Out of PS. Case No.-59 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== Bihari Paswan S/o- Pramod Paswan Village- Maheshkhunt, English Tola, Ward no. 4, P.S. Maheshkhunt, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Maheshkhunt P.S. Case No. 59/2023, G.R.No. 719/2023 dated 12.03.2023 registered for the offence punishable u/s 307 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons came riding on the motorcycle and the petitioner fired on the informant but he got saved. Thereafter, the informant entered nearby house. The informant has alleged that the petitioner has earlier attacked his brother and in this regard a case was lodged in connection with Maheshkhunt P.S.
Patna High Court CR. MISC. No.57155 of 2025(2) dt.25-08-2025 2/3 Case No. 303/2022 and the petitioner used to threaten the informant on phone to withdraw the case.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that no one has sustained firearm injury. The petitioner has ten antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 23.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Maheshkhunt P.S. Case No. 59/2023, G.R.No. 719/2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
Patna High Court CR. MISC. No.57155 of 2025(2) dt.25-08-2025 3/3 (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T