Patna High CourtCR. MISC./67597/2024dismissed

Gaurav Paswan v. The State Of Bihar

2024-09-30Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 67597 of 2024 Arising Out of PS. Case No.-909 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Gaurav Paswan Son of Late Mohan Paswan Resident of Mohalla - Batraha Ward No.26 Saharsa, P.S. - Saharsa Sadar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the petitioner is of firing upon the informant due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the informant sustained fire-arms injury which is simple in nature. There is general and omnibus allegation against the petitioner and he is languishing in judicial custody since 12.01.2024.

Patna High Court CR. MISC. No. 67597 of 2024(2) dt.30-09-2024 2/2

5. Learned APP for the State has opposed the application for bail and submitted that petitioner is named in the FIR and there is specific allegation of firing against the petitioner due to which the informant sustained injury. Petitioner has also been made accused in two more cases. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation as well as the petitioner having criminal antecedents, this Court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The petitioner may renew the prayer for bail after six months, had the trial not concluded.

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