Amar Kumar Paswan @ Amar Kishore Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23237 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== AMAR KUMAR PASWAN @ AMAR KISHORE PASWAN, Son of Ratnesh Kumar Paswan, Resident of Village - Naya Tola, Nurullahpur, P.S. - Sikarganj, District - East Champaran.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 17-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.69 of 2017, arising out of Pakaridayal P.S. Case No.121 of 2016, registered under Sections 147, 148, 149, 302, 307 and 120(B)/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that six persons, named in the F.I.R., entered the boundary of the house of the informant and started to make firing due to which Bhikhari Sahani, the father of the informant, Rajkishore Prasad, Champa Devi and Mantun alias

Patna High Court Cr.Misc. No.23237 of 2017 (3) dt.17-05-2017 2/3 Aryan, the mother and nephew of the informant respectively, sustained firearm injuries and died. The ladies of the family of the informant and the family members of Ganesh Sahni saw the occurrence from their roofs and identified the culprits. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner surfaced in this case in the confessional of the co-accused. Thereafter, the petitioner was apprehended by the police, who got recorded the confessional statement of the petitioner disclosing his involvement in the present case. The petitioner having no criminal antecedent is in custody since 02.09.2016. Further submission is that while it is alleged in the F.I.R. that the ladies of the family of the informant and the family members of Ganesh Sahni identified the culprits from their roofs but the petitioner has not been put on T.I. Parade for identification.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 12th Additional Sessions Judge, East Champaran at Motihari, in connection with Sessions Trial No.69 of 2017, arising out of

Patna High Court Cr.Misc. No.23237 of 2017 (3) dt.17-05-2017 3/3 Pakaridayal P.S. Case No.121 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T