Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60822 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- NOORSARAI District- Nalanda ====================================================== JITENDRA PASWAN S/o Moder Paswan R/o village- Kairi Meyar, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Noorsarai P.S. Case No. 142 of 2019, registered for the offence punishable under Sections 341, 448, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is regarding the accused persons having arrived at the house of the informant whereafter altercation took place and then the accused person, namely, Sudhanshu Paswan had fired on the husband of the informant causing firearm injury in his abdomen.

The learned counsel for the petitioner submits that there is no allegation of any sort of overt act as far as the

Patna High Court CR. MISC. No.60822 of 2019(5) dt.16-11-2019 2/2 petitioner is concerned, admittedly, the petitioner had not fired causing any firearm injury on the person of the husband of the informant. It is further submitted that the petitioner has been falsely implicated in the present case on account of village politics. Lastly, it is submitted that the said main accused, namely, Sudhanshu Paswan has already been granted bail by a coordinate Bench of this Court vide order dated 22.10.2019 passed in Criminal Miscellaneous No. 66091 of 2019. The petitioner is stated to be languishing in custody since 26.6.2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Nalanda at Biharshari in connection with Noorsarai P.S. Case No. 142 of 2019.

(Mohit Kumar Shah, J) ajay gupta/- U T