Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3982 of 2022 Arising Out of PS. Case No.-222 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== CHANDAN PASWAN S/O KANTLAL PASWAN Resident of villageRejma, P.S.- Sheohar, District- Sheohar. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

NIRAS PASWAN S/O KESHWAR PASWAN Resident of village- Rejma, Ward No- 8, P.S.- Sheohar, District- Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pushpendra Kumar Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Though notice has been issued to O.P. No. 2, no one has turned to assist the Court.

Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 29.09.2022 passed by learned 1st Additional District and Sessions Judge-cum-Special Judge SC/ST, Sheohar in Sheohar P.S. Case No. 222 of 2022 whereby the prayer for bail of the appellant registered under Section 302/34 of the Indian Penal Code, Section 27 of the Arms Act and section 3(2)(v) of SC/ST Act was rejected. As per allegation in the FIR, accused Mukesh

Patna High Court CR. APP (SJ) No.3982 of 2022(3) dt.23-02-2023 2/3 Paswan, Ram Vinay Paswan and appellant intercepted the motorcycle of the informant's father and two unknown persons started indiscriminate firing upon his father and his uncle as a result of which they received gun shot injury and died. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. No one is the eye witness of the occurrence. No specific overt act is levelled against the appellant except restraining to both the parties. Specific allegation is against two unknown. No offence is made out under the provisions of the SC/ST Act against them. Appellant is languishing in judicial custody since 19.07.2022. The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 29.09.2022 passed in Sheohar P.S. Case No. 222 of 2022 is hereby set aside.

The appellant is directed to be enlarged on bail in connection with Sheohar P.S. Case No. 222 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

Patna High Court CR. APP (SJ) No.3982 of 2022(3) dt.23-02-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge-cumSpecial Judge SC/ST, Sheohar. (Sunil Kumar Panwar, J) sushma/- U