Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20032 of 2021 Arising Out of PS. Case No.-37 Year-2020 Thana- ALIPUR District- Gaya ====================================================== Pawan Kumar, Son of Lakhan Mahto, Resident of Village- Kamo (Koyri Tola), P.S.- Kako, District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate.

Mr. Ashok Kumar, Advocate.

For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-10-2021 Heard Mr. Yogesh Chandra Verma, learned senior counsel assisted by Mr. Ashok Kumar, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that the father of the informant, who was a chowkidar, is said to have been called and shot dead by some unknown miscreants.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case merely obn suspicion. He is neither named in the F.I.R. nor was

Patna High Court CR. MISC. No.20032 of 2021(3) dt.25-10-2021 2/2 apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. As a matter of fact, the petitioner runs a mobile shop in the name and style of 'Pawan Communication' at Kao Main Market. The said SIM card through which the deceased was called was issued by him and the petitioner confessed the same before the police. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has been remanded in this case on 13.11.2020 and since then he has been languishing in custody.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid and after perusing the case diary, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Alipur P.S. Case No.37 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T