Allowed

Rohit Paswan v. The State of Bihar

Patna HC16 Nov 2022CR. MISC./42684/2022

Case brief

AI extract

What is this about?

In matihani P.S. Case No. 07 of 2022, the High Court at Patna allowed the petitioner's bail application. The petitioner was charged with offences including attempt to murder and intimidation. The court considered the charge sheet submission and lack of specific overt act against the petitioner prior to granting bail with a bond of Rs. 10,000.

What did the court decide?

Petitioner released on bail on bond of Rs. 10,000 with two sureties.

Rohit Paswan Vs The State of Bihar — Bail and Remand | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42684 of 2022

¶2

Arising Out of PS. Case No.-7 Year-2022 Thana- MATIHANI District- Begusarai

¶3

======================================================

¶4

ROHIT PASWAN S/o Rajaram Paswan R/o village- Chakaur, P.S.- Matihani, District- Begusarai

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar Bihar

¶8

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Sarvottam Kumar For the Opposite Party/s : Mr.Raj Kishor Singh ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

¶11

2 16-11-2022

¶12

Let the defect(s), as pointed out by the office, be

¶13

removed within a period of four weeks from today.

¶14

Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶15

The petitioner seeks bail in connection with Matihani P.S. Case No. 07 of 2022 registered for the offences punishable under Sections 307, 341, 504, 506/34 of the I.P.C and Section 27 of the Arms Act.

¶16

As per prosecution case, informant with his son and brother after closing shop were returning home. Petitioner and other accused persons were standing at road behind Khorampur Masjid. It is alleged that co-accused Ashok Paswan fired as a result of which informant sustained injury.

¶17

Learned counsel for the petitioner submits that

¶18

Patna High Court CR. MISC. No.42684 of 2022(2) dt.16-11-2022 2/3

¶19

petitioner is in custody since 22.02.2022 and bears criminal antecedent of three cases. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is only member of mob. There is no specific overt act against the petitioner. Allegation against the petitioner is general and omnibus in nature. Learned counsel for the petitioner further submits that from perusal of FIR allegation of firing is against co-accused, Ashok Paswan.

¶20

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

¶21

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named 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 learned Mr.Rajeev Kumar, Ld. J.M. 1^st Class, Begusarai in connection with Matihani P.S. Case No. 07 of 2022 , subject to following conditions:-

¶22

Patna High Court CR. MISC. No.42684 of 2022(2) dt.16-11-2022 3/3

¶23

(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

¶24

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

¶25

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

¶26

(Alok Kumar Pandey, J)

¶27

vashudha/-

Rohit Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rohit Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ganga Mandal Vs the State of Bihar

Jikrullah Ansari @Jikrulla Ansari Vs the State of Bihar

Rahul Kumar Vs The State of Bihar

Mithun Mandal @ Mithun Kumar Mandal @ Mithun Kumar Vs The State of Bihar

Ramji Singh Kharbar Vs The State of Bihar

Pawan Sahani Vs The State of Bihar