Ram Pravesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47381 of 2014 Arising Out of PS.Case No. -170 Year- 2013 Thana -CHAIRIA BARIYARPUR DistrictBEGUSARAI ====================================================== Ram Pravesh Paswan, Son of Sakho Paswan, Resident of Village - Sakhmohan, P.S. - Bibhutipur, District - Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 20-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Cheria Bariarpur P.S. Case No.170/2013 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act. The allegation against the petitioner is that he was seen fleeing away with firearm.

It is submitted that the petitioner is the son-in-law of the informant and the informant is not an eye witness to the occurrence. During investigation, the daughter of the deceased as well as the informant has stated that the petitioner had shot fire, but if the informant and his daughter could have seen the petitioner committing the offence, there should have been specific

Patna High Court Cr.Misc. No.47381 of 2014 (3) dt.20-03-2015 2/2 allegation of overt act against the petitioner. However, after investigation, charge sheet has already been submitted. The learned counsel for the State submits that during investigation, the eye witnesses have stated that the petitioner had shot fire on the deceased and she succumbed to the injury. Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail. His prayer is rejected. Let the trial be expedited.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T