Govind Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65333 of 2019 Arising Out of PS. Case No.-131 Year-2018 Thana- BARUN District- Aurangabad ====================================================== GOVIND PASWAN Son of Bhimal Paswan Resident of village- Madar, P.S.- N.T.P.C. Khaira, District- Aurangabad.
... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Anuj Kumar, Advocate.
For the State :
Mr. Rajendra Nath Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sessions Trial No.510 of 2018/403 of 2018, arising out of Barun P.S. Case No.131 of 2018, registered under Sections 394, 302 and 120B of the Indian Penal Code besides Sections 25(1-B) a, 26, 27 and 35 of the Arms Act.
The accusation is that the informant along with other police personnel was on patrolling duty on 04.07.2018. At that time, he received information to the effect that the driver of the Scorpio vehicle was shot fire by two persons near Anjali Line Hotel, Barun, situated at G.T. Road, and, thereafter, the aforesaid two persons fled away from there. Thereafter, the
Patna High Court CR. MISC. No.65333 of 2019(4) dt.25-02-2020 2/3 informant along with other police personnel proceeded for there and, in the way, one person was seen with a country made pistol fleeing away, however, he was apprehended with a country made pistol, who, on query, disclosed his name as Govind Paswan (petitioner). On search, he was found in possession of one country made pistol and four live cartridges. After apprehending the petitioner, the informant along with other police personnel went at the place of the occurrence, where they found one Scorpio vehicle in parking condition and one person lying in an unconscious stage sustaining firearm injury, who was sent to the hospital for treatment. On query, the petitioner disclosed the name of his associate as Radhe Shyam Sharma indulged in the occurrence. The persons, who were present there, also disclosed that the caught hold person (petitioner) and one unknown fled away by making firing at the driver of the Scorpio vehicle.
Learned counsel appearing on behalf of the petitioner submits that while it is alleged in the F.I.R. that the persons, who were present at the place of the occurrence, disclosed that the caught hold person (petitioner) and one unknown shot fire at the driver of the Scorpio vehicle but it would appear from the case diary, which is up-to paragraph-116, that the Investigating
Patna High Court CR. MISC. No.65333 of 2019(4) dt.25-02-2020 3/3 Officer has recorded the statement of so many persons, who were present at the place of the occurrence. The petitioner has no criminal antecedent and is in custody since 05.07.2018. On investigation, the police has already submitted the charge-sheet against the petitioner.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Aurangabad, in connection with Sessions Trial No.510 of 2018/403 of 2018, arising out of Barun P.S. Case No.131 of 2018. (Rajendra Kumar Mishra, J) P.S./- U T