Pawan Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61395 of 2023 Arising Out of PS. Case No.-610 Year-2022 Thana- BHORE District- Gopalganj ====================================================== PAWAN VERMA SON OF LATE RADHESHYAM VERMA RESIDENT OF VILLAGE - MATHAULI, P.S. - BHOREY, DISTRICT - GOPALGANJ ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhramveer For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 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 Bhorey P.S. Case No. 610 of 2022 dated 28.12.2022 registered for the offences punishable u/s 147, 148, 149, 436, 341, 379, 380, 427, 504, 506 of the Indian Penal Code and 25(1-b)a, 26(1) and 35 of the Arms Act.
3. As per the prosecution case, the informant and his family members were sleeping in their thatched house. Suddenly, the petitioner and the co-accused persons along with 10 unknown miscreants armed with weapons came to the informant's house and started abusing and opened fire. The
Patna High Court CR. MISC. No.61395 of 2023(2) dt.12-09-2023 2/3 petitioner made gun fire on the informant and his wife. Further, the petitioner gave order to set the palani of the informant on fire and the co-accused, Sonu Shah set the house on fire due to that wheat, paddy, clothes and other articles were burnt. Further, the co-accused Ramesh Shah took away the suitcase containing saree, suits and Rs. 1,20,000/- in cash from the house of the informant. The petitioner also fired. The co-accused, Pankaj Verma snatched Mangalsutra and golden earring from the wife of the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The allegation against the petitioner is of giving order to break the asbestos of house and firing. Charge-sheet has already been submitted. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 8.4.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.61395 of 2023(2) dt.12-09-2023 3/3 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, Gopalganj in connection with Bhorey P.S. Case No. 610 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T