Sahil Paswan @ Sahil Kumar @ Sahil Kumar Paswan Vs the State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33030 of 2024

Arising Out of PS. Case No.-85 Year-2022 Thana- SAMASTIPUR District- Samastipur

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

Sahil Paswan @ Sahil Kumar @ Sahil Kumar Paswan, Son of Prabhat Kumar, Resident of Village- Dhurlakh, P.S. - Muffasil, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

¶10

3 17-05-2024 Heard Mr. Ajay Kumar, learned Advocate for the petitioner and learned APP for the State.

¶11

The petitioner seeks regular bail, who is in custody

¶12

in connection with Samastipur (Town) P.S. Case No. 85 of 2022, registered for the offences punishable under Sections 448, 341, 323, 504, 379, 307, 427/34 of the Indian Penal Code and Sections 27 and 35 of the Arms Act.

¶13

Allegedly a scuffle between the petitioner and Amardeep Paswan took place in front of the shop of the informant, which was tried to be pacified by the informant with the help of other persons. It is further alleged that the petitioner along with others, later on, came there. The petitioner and coaccused Avinash Kumar made firing, in which a bullet passed touching the elbow of the informant. Further allegation has been levelled against the other accused persons, who pelted stones

¶14

Patna High Court CR. MISC. No.33030 of 2024(3) dt.17-05-2024 2/4

¶15

and took away the valuables from the informant’s shop.

¶16

Learned Advocate appearing on behalf of the petitioner submitted that even as per narrations made in the F.I.R., the allegation of firing has been levelled against two of the persons, including the petitioner, however, it appears to be improbable that the injured was in a position to disclose that from whose firing he sustained a minor injury over his elbow. It is further contended that so far the injury, which is allegedly sustained over the elbow of the informant is concerned, the same has been found to be simple in nature. In support of the aforesaid contention, the injury report has been produced on record.

¶17

It is further contended that other accused persons, having identical allegation of causing assault to the informant and looting the articles, have been allowed the privilege of anticipatory bail, the copies of which have been produced and taken on record. He next submitted that, in fact, on account of enmity between the rival groups, the name of the petitioner has been implicated in this case making specific allegation. The petitioner appears to have no criminal antecedent and now he has been incarcerated since 02.03.2024. The investigation of the crime is already complete and charge-sheet has been submitted.

¶18

Patna High Court CR. MISC. No.33030 of 2024(3) dt.17-05-2024 3/4

¶19

On the other hand, learned APP for the State opposes the bail application and submits that specific allegation of causing fire injury has been levelled against the petitioner.

¶20

Regard being had to the submissions made on behalf of the parties and considering the fact that the allegation of firing has been levelled against two of the persons and the injury is found to be simple in nature, apart from the fair antecedent of the petitioner and the fact that charge-sheet has been submitted in this case, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur (Town) P.S. Case No. 85 of 2022, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

¶21

(i) The petitioner will cooperate in conclusion of the

¶22

trial.

¶23

(ii) He will remain present on each and every date of trial till disposal of the case.

¶24

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

¶25

(iv) In the event of default of two consecutive dates

¶26

Patna High Court CR. MISC. No.33030 of 2024(3) dt.17-05-2024 4/4