Patna High CourtCR. MISC./59588/2023bail granted

Amarjeet Paswan v. The State Of Bihar

2023-12-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59588 of 2023 Arising Out of PS. Case No.-338 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Amarjeet Paswan Son Of Indrajeet Paswan R/O Vill - Kare, P.S. And Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Sheikhpura P.S. Case No. 338 of 2023 dated 05.06.2023 registered for the offence/s punishable u/ss 341, 323, 307, 384 and 379 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

4. As per the prosecution case, at 10:45 PM, some unknown miscreants are alleged to have alighted from a Bolero vehicle and started demanding extortion money from the

Patna High Court CR. MISC. No.59588 of 2023(3) dt.20-12-2023 2/3 informant, thereafter the informant and his brother started fleeing away, then one of the accused fired on them which hit the informant's brother due to that he fell down and they also snatched golden chain and Rs. 6000/- from the informant and fled away from the Bolero vehicle.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is not named in the FIR. The petitioner is the owner of the said vehicle. The injured Ranjeet kumar stated in his deposition that when he reached near the place of occurrence then he saw some miscreants were assaulting one Rahul Kumar, and when he went to rescue, then one of the accused fired which hit him. There is no evidence of involvement of the said Bolero in the crime allege. There is no specific allegation of firing against the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be

Patna High Court CR. MISC. No.59588 of 2023(3) dt.20-12-2023 3/3 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 the learned court concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 338 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T