Aman Paswan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Aman Paswan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Gaya in connection with Delha P.S. Case No. 47 of 2024, subject to conditions that he cooperate in the disposal of trial and remain physically present before the court below on each and every date till framing of charges.

Issue for consideration

Whether the petitioner, Aman Paswan, is entitled to be released on bail in Delha P.S. Case No. 47 of 2024 registered under Sections 341, 323, 326, 307, 504, 506, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Court's answer

Considering the facts and circumstances, the petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist, Gaya in connection with Delha P.S. Case No. 47 of 2024.

Ratio / Principle

Bail is subject to the condition that the petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court.

Key takeaways

Bail is subject to the further condition that the petitioner shall remain present physically on each and every date before the court below till framing of the charges.ratio¶23

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Nawneet Kumar Pandey, J.) allowed the bail application of Aman Paswan in Delha P.S. Case No. 47 of 2024 (District Gaya), registered under Sections 341, 323, 326, 307, 504, 506, 120(B) IPC and Section 27 of the Arms Act, arising from an allegation that the petitioner along with co-accused opened fire on the informant with a country-made pistol after a prior threat to kill. Counsel for the petitioner contended false implication due to previous enmity, that the specific allegation of firing was against co-accused Raghu Kumar and Mohan Manjhi, that the petitioner's case was on a better footing than co-accused Mohan Manjhi (granted bail in Cr. Misc. No. 52736 of 2024), and that the petitioner, in custody since 02.06.2024, had no evidence against him in the present case despite other pending cases. The informant's counsel and the APP opposed bail. The Court, considering the facts and circumstances, directed release on bail on a bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist, Gaya, with conditions of cooperation in the trial and physical presence before the court below on every date till framing of charges.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63005 of 2024

Arising Out of PS. Case No.-47 Year-2024 Thana- DELHA District- Gaya

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

Aman Paswan Son of Jai Prakash Paswan @ Ajay Paswan Resident of Mohalla - Powerganj, Kumhar Toli, P.S. - Delha, District - Gaya

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Chandni Kumari For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 20-09-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner seeks bail in Delha P.S. Case No. 47 of 2024 registered for the offence punishable under Sections341, 323, 326, 307, 504, 506, 120(B) of the Indian Penal Code and Section-27 of the Arms Act.

The allegation against the petitioner is that he along with other co-accused persons, equipped with country-made pistol, opened fire on the informant. The further allegation against him is that prior to the occurrence, he had threatened the informant to kill.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.63005 of 2024(3) dt.20-09-2024 2/3

The petitioner has falsely been implicated in this case due to previous enmity between the parties. He has submitted further that the specific allegation of committing fire shots is against co-accused Raghu Kumar and Mohan Manjhi. The case of the petitioner is on better footing to that of co-accused Mohan Manjhi, who has been granted bail by this Court in Cr. Misc. No. 52736 of 2024. He has fairly admitted that though a number of cases are pending against the petitioner but in the present case, there is no evidence against him at all. The petitioner is under custody since 02.06.2024.

The learned counsel for the informant and the learned APP for the State have opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Gaya in connection with Delha P.S. Case No. 47 of 2024 with the following conditions:-

(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Patna High Court CR. MISC. No.63005 of 2024(3) dt.20-09-2024 3/3

(ii) The petitioner shall remain present physically

on each and every date before the court below till framing of

the charges.

(Nawneet Kumar Pandey, J)

kundan/-

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