Patna High CourtCR. MISC./8366/2022bail rejected

Aman Paswan v. The State Of Bihar

2022-06-23Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8366 of 2022 Arising Out of PS. Case No.-261 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== AMAN PASWAN Son of Gajar Paswan @ Gajadhar Paswan Resident of Village - Kulhariya, P.s.- Koilwar, Distt.- Bhojpur at Ara. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in Koilwar P.S. Case no. 261/2021 registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and section 27 of the Arms Act.

Allegedly this petitioner and co-accused persons murdered informant's brother by causing firearm injury to the deceased.

The main submissions advanced by learned counsel for the petitioner are that the alleged murder is stated to be committed in the night at 8:00 PM and source of identification of the petitioner and co-accused persons has not been given. In the FIR any specific act or role of the petitioner has not been mentioned or from the possession of petitioner, no incriminating

Patna High Court CR. MISC. No.8366 of 2022(2) dt.23-06-2022 2/2 article connecting him to the alleged occurrence has been recovered and petitioner has been languishing in jail since 12.6.2021 and has been falsely implicated in this case. Heard learned APP has opposed the prayer for bail. Heard both sides and perused the FIR. This case relates to murder committed by petitioner and co-accused persons causing firearm injury to the deceased and the informant has claimed to have identified the petitioner being person as an assailant at the time of commission of the alleged occurrence. Considering seriousness of the occurrence as well as petitioner's role in the alleged murder, in my view, he does not deserve privilege of bail and accordingly his prayer for bail stands rejected.

(Shailendra Singh, J) s.hassan/- U T