Krishna Kumar @ Krishna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12330 of 2023 Arising Out of PS. Case No.-354 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Krishna Kumar @ Krishna Paswan S/O Chandrashekhar Paswan R/v- Bagha, Ward No.- 24, P.S.- Begusarai Nagar, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for grant of regular bail in a case instituted for the offence under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Later on Section 302 IPC was added.

As per allegation in the FIR, while the informant's father was sitting at his door, in the meantime, petitioner and 5-7 unknown miscreants came there and with common intention of killing, opened indiscriminate firing at him as a result of which, he sustained gunshot injury over his chest and in critical situation, he was taken to hospital and he

Patna High Court CR. MISC. No.12330 of 2023(8) dt.11-12-2023 2/3 during treatment he died.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to land dispute. Injured (deceased) was not examined and subsequently he died. Informant has lodged the FIR with the name of petitioner and other 5-6 accused but in his restatement, he has named several persons. It is mentioned in para 20 of the petition that petitioner was arrested in a case of arms act and he has been remanded in the present case on 17.8.2022 and since then, he is languishing in judicial custody.

The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is named accused. During investigation, several witnesses have supported the prosecution story. Postmortem report also shows cause of death due to fire arm injuries.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.12330 of 2023(8) dt.11-12-2023 3/3 The trial court is directed to expedite and conclude the trial within nine months, failing which the petitioner will be at liberty to renew his prayer for bail. (Sunil Kumar Panwar, J) sushma/- U