Parsuram Kumar @ Pasa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26780 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- PANDARAK District- Patna ====================================================== Parsuram Kumar @ Pasa, S/o- Mr. Brahmdeo Yadav, R/o Village- Gwash Shekhpura, P.S.- Pandarak, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41436 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- PANDARAK District- Patna ====================================================== Subodh Yadav, Son of Late Haran Yadav, R/o Village- Gherapar Beldari PSPandarak District- Patna. Permanent R/o-Village Shekhpura PS- Pandarak District- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 26780 of 2024) For the Petitioner/s :

Mr. Ajay Kr. Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP (In CRIMINAL MISCELLANEOUS No. 41436 of 2024) For the Petitioner/s :

Mr. Shivnandan Bharti, Advocate Ms. Kalyani Singh, Advocate Mr. Pintu Kumar Patel, Advocate Mr. Gaurav Kumar Verma, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Pandarak P.S. Case no. 266 of 2023 registered under sections 302, 120B, 341 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states

Patna High Court CR. MISC. No.26780 of 2024(3) dt.12-07-2024 2/3 that on the orders of Subodh Yadav while Parsuram Kumar @ Pasa and Janak Kumar caught hold of his son, Ayush Kumar is stated to have fired on him with his pistol as a result of which he sustained firearm injury and died.

4. Learned counsel for the petitioner- Parsuram Kumar submits that the petitioner has been falsely implicated in the case. No over act has been alleged against him. Ayush Kumar is said to be the sole assailant and in the postmortem report only one firearm injury has been found. The petitioner is in custody since 28.11.2023 and undertakes to cooperate in the case.

5. Learned counsel for the petitioner- Subodh Yadav submits that the petitioner has only been named as an order giver in the case. No overt act has been alleged against him. He is custody since 14.11.2023.

6. The prayer for bail is opposed by learned A.P.P for the State.

7. Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioners in the F.I.R., the Court is not inclined to enlarge the petitioners on bail and the application is rejected.

8. Liberty is granted to the petitioners to renew their

Patna High Court CR. MISC. No.26780 of 2024(3) dt.12-07-2024 3/3 prayer for bail after six months or on framing of charge, whichever is later.

(Partha Sarthy, J) avinash/- U T