Rishi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69606 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- MATIHANI District- Begusarai ====================================================== RISHI PASWAN Son of Late Garib Paswan R/V- Chakaur Khorasmpur, P.SMatihani, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar, Adv.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 341, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, in brief, is that when the informant was returning to his home, petitioner along with other accused persons surrounded the informant and started abusing him. Ashok Paswan is said to have fired upon the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the

Patna High Court CR. MISC. No.69606 of 2022(2) dt.24-01-2023 2/2 petitioner is not specific rather general and omnibus in nature. There is specific overt act against co-accused Ashok Paswan to fire upon the informant. The injury sustained by the victim is simple in nature. Petitioner has three criminal antecedents as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Matihani P.S. Case No. 07 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T