Bihari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80288 of 2025 Arising Out of PS. Case No.-303 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== Bihari Paswan S/o Pramod Paswan, R/o Village - Maheshkhunt, English Tola, Ward No. 4, P.S. -Maheshkhunt, Distt.- Khagaria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Session Case No. 130 of 2024, arising out of Supplementary Maheshkhunt P.S. Case No. 303 of 2022, dated 18.12.2022, registered for the offences punishable under Sections 341, 307 and 506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner shot at the brother of the informant with desi katta, causing injury to the brother of the informant. The petitioner was accompanied with two other co-accused persons.

4. Learned counsel appearing on behalf of the petitioner submits that the allegation against the petitioner is

Patna High Court CR. MISC. No.80288 of 2025(2) dt.01-12-2025 2/3 false and concocted. No serious injury has been caused to the brother of the informant and from the rejection order, it appears that the injury of the victim is simple in nature. Learned counsel next submits that petitioner is having antecedent of 10 cases and he is on bail in all the cases and charges have been framed. Learned counsel lastly submits that petitioner is in custody since 14.08.2023 and there is no likelihood of early conclusion of his trial.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner and submits that petitioner appears to be a habitual offender.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of petitioner and framing of charge against him, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-I, Khagaria / concerned Court, in connection with Session Case No. 130 of 2024, arising out of Supplementary Maheshkhunt P.S. Case No. 303 of 2022, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following

Patna High Court CR. MISC. No.80288 of 2025(2) dt.01-12-2025 3/3 conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T