Patna High CourtCR. MISC./63005/2024bail granted

Aman Paswan v. The State Of Bihar

2024-09-20Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63005 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- DELHA District- Gaya ====================================================== Aman Paswan Son of Jai Prakash Paswan @ Ajay Paswan Resident of Mohalla - Powerganj, Kumhar Toli, P.S. - Delha, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandni Kumari For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Delha P.S. Case No. 47 of 2024 registered for the offence punishable under Sections341, 323, 326, 307, 504, 506, 120(B) of the Indian Penal Code and Section-27 of the Arms Act.

3. The allegation against the petitioner is that he along with other co-accused persons, equipped with country-made pistol, opened fire on the informant. The further allegation against him is that prior to the occurrence, he had threatened the informant to kill.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.63005 of 2024(3) dt.20-09-2024 2/3 The petitioner has falsely been implicated in this case due to previous enmity between the parties. He has submitted further that the specific allegation of committing fire shots is against co-accused Raghu Kumar and Mohan Manjhi. The case of the petitioner is on better footing to that of co-accused Mohan Manjhi, who has been granted bail by this Court in Cr. Misc. No. 52736 of 2024. He has fairly admitted that though a number of cases are pending against the petitioner but in the present case, there is no evidence against him at all. The petitioner is under custody since 02.06.2024.

5. The learned counsel for the informant and the learned APP for the State have opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Gaya in connection with Delha P.S. Case No. 47 of 2024 with the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Patna High Court CR. MISC. No.63005 of 2024(3) dt.20-09-2024 3/3 (ii) The petitioner shall remain present physically on each and every date before the court below till framing of the charges.

(Nawneet Kumar Pandey, J) kundan/- U T