Anil Paswan @ Bhera @ Bhura v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36744 of 2015 Arising Out of PS.Case No. -765 Year- 2014 Thana -KOTWALI District- PATNA ======================================================

1. Anil Paswan @ Bhera @ Bhura Son of Bir Bahadur Paswan resident of village - Sakraicha, P.S. Parsa Bazar, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. For the Informant : Mr. Birendra Kumar and Birmani Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and the State. The petitioner is in custody in Kotwali P.S.Case No. 765 of 2014 registered under Sections 302/34 of the Indian penal Code and Section 27 of Arms Act, pending in the Court of learned C.J.M., Patna.

It is alleged by the informant that when he was at his shop one Gauri Shankar Kirana Shopkeeper came and told him that he has heard that there has been some mis-happening near G.P.O. Golambar and the scooty of his son was lying there . The informant went there and found nothing then he went to the Bank and was told that his son has been admitted to P.M.C.H. for treatment. Thereafter he rushed to P.M.C.H. and came to know that some motorcycle borne unknown criminals have fired on his

Patna High Court Cr.Misc. No.36744 of 2015 (3) dt.07-10-2015 2/2 son at G.P.O. Golambar.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.2.2015. Charge sheet has been submitted in this case. The petitioner is not named in the FIR. Merely, on the basis of suspicion the petitioner has been made accused in this case.

On behalf of the State and counsel for the informant it has been submitted that in course of investigation when C.C.T.V. placed at the place of occurrence was examined it reveals that the petitioner is a shooter and he along with other co-accused committed the murder of the deceased. The said fact is evident from para 220 of the case diary apart from that the petitioner has criminal antecedent also.

Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner and same is rejected. (Sudhir Singh, J) singh/- U