Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74615 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- KARAHGAR District- Rohtas ====================================================== SANJAY PASWAN S/O DAROGA PASWAN R/O VILLAGETRILOKIPUR @ TRILOKPUR, P.S- KARGAHAR, DISTT.- ROHTAS. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashikant, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Kargahar P.S. Case No.30 of 2023, registered for the offence punishable u/s 341/ 323/ 307/ 504/ 506/34 of the IPC and section 27 of the Arms Act.

3.

As per the prosecution case, all the F.I.R. named accused persons surrounded the son of the informant and assaulted him and the petitioner fired with his rifle.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. There is no eye-witness to the alleged occurrence

Patna High Court CR. MISC. No.74615 of 2023(2) dt.01-12-2023 2/2 and there is case and counter-case between the parties. Though there is allegation against the petitioner to fire upon the son of the informant but the injury was found simple in nature. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner to fire upon the injured.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T