Pawan Sah @ Pavan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61094 of 2024 Arising Out of PS. Case No.-64 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== Pawan Sah @ Pavan Kumar Sah, S/o Sant Lal Sahu, R/o Vallage - Chhajna, P.S- Laukahi, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jaishankar Kumar Yadav, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-04-2025 Heard Mr. Jaishankar Kumar Yadav, learned counsel for the petitioner and Ms. Anita Kumari, learned APP for the State.

2. The petitioner has prayed for bail in connection with Phulparas P.S. Case No. 64 of 2020 registered for the offence punishable under Sections 341, 323, 324, 307, 386, 379, 506 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that the informant was chased by three unknown miscreants. They started firing at him. The informant tried to escape but ultimately, the miscreants were able to fire at him. The informant received two gun shot injuries in his stomach and one near his head. In F.I.R., the informant has suspected that the petitioner has conspired the offence as he has made video of one of his associates.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.61094 of 2024(6) dt.02-04-2025 2/2 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that the petitioner was in jail at the time of the occurrence and police has not collected any C.D.R. of the informant. It is not clear from the diary as to how the petitioner has conspired. Though the petitioner is having criminal antecedent of 22 cases, it has been submitted by the learned counsel for the petitioner that in most of the cases, he is on bail and in some of the cases, trial is at verge of conclusion. Petitioner is languishing in judicial custody since 06.11.2020.

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, 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 A.C.J.M.-II, Jhanjharpur (Madhubani) in connection with Phulparas P.S. Case No. 64 of 2020.

(Ashok Kumar Pandey, J) lata/- U T