Pankaj Paswan @ Pankaj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54033 of 2016 Arising Out of PS.Case No. -395 Year- 2014 Thana -BARACHATTI District- GAYA ====================================================== Pankaj Paswan @ Pankaj Kumar Paswan, Resident of Village- Kendua, P.S.- Mohanpur, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Barachatti P.S. Case No. 395 of 2014 registered under sections 302 and 201/34 of the I.P.C. pending in the Court of Judicial Magistrate, First Class, Sherghaty (Gaya).

Submission is that petitioner is not named in the F.I.R. and no overt act has been alleged against the petitioner. He has been made accused in this case only on suspicion. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner with submission that there is direct allegation of demand and torture against the petitioner and his family members. The witnesses have also stated about his

Patna High Court Cr.Misc. No.54033 of 2016 (5) dt.10-03-2017 2/2 involvement in several paragraphs in the alleged occurrence. Postmortem Report also supports the allegation. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) Shailendra/- U T