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Patna High CourtCR. MISC./71974/2024allowed

Gulsan Paswan v. The State Of Bihar

2024-10-08Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71974 of 2024 Arising Out of PS. Case No.-305 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Gulsan Paswan S/o- Late Muskesh Paswan Resident of Village-Bahiro, PS. Ara Nawada, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned APP for the State

2. The petitioner is praying for regular bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 379, 386, 504, 506, 427 of the Indian Penal Code and under Section 27 of the Arms Act.

3. The case of the prosecution is that the petitioner along with the accused persons came into cow shed of the informant and took away his cows. It is further alleged that the accused persons were armed and fired with rifle and took away cows of informant and also broken cow shelter.

4. Learned counsel for the petitioner submitted that the informant has stated in his statement before police that he found the cows at some distance. It has also been submitted that

Patna High Court CR. MISC. No.71974 of 2024(2) dt.08-10-2024 2/2 the charge-sheet had already been filed and the case is triable by the Magistrate. It is also submitted that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is languishing in judicial custody since 13.06.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Nawada P.S. Case No.305 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) Sudhanshu/- U T