Santu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32450 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Santu Paswan S/o Jitan Paswan, r/o village- Sunderpur, P.S.- Pirpainti, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Prasad, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 342, 323, 324 and 307/34 of the I.P.C. and Section 27 of the Arms Act.

The prosecution story, in brief, is that on the alleged date and time of occurrence while the son of the informant was returning with cousin from Sharmani Bazar to village and when reached near Mango orchard the accused persons including the petitioner came there and started to abuse them. Accused Ravindra Paswan had assaulted them with fists and slaps and accused Kalan Ansari and the petitioner kept the pistol on the temple of son of the informant. Thereafter accused Kalan Ansari fired on the son of

Patna High Court Cr.Misc. No.32450 of 2016 (4) dt.17-10-2016 the informant, as a result of which his son fell down and on hearing the sound of firing many persons came. His son was sent to the Hospital for treatment.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.4.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No specific injury has been attributed against the petitioner. Specific allegation is against the co-accused Kalan Ansari.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail 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, Bhagalpur in connection with Pirpainty P.S. case No.29 of 2016.

(Sudhir Singh, J) Narendra/- U T