Pandav Kumar @ Pandav Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37145 of 2021 Arising Out of PS. Case No.-364 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Pandav Kumar @ Pandav Paswan S/O Lalbabu Paswan Resident Of VillagePokhariya, P.S.- Nagar, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Begusarai Town P. S. Case No.364 of 2018, instituted for the offences under Section 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 06.01.2021 and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that his son had gone to Begusarai with Ajay Kumar to see bride for the brother and while they were returning and reached near Machharhatta,

Patna High Court CR. MISC. No.37145 of 2021(2) dt.08-12-2021 2/3 Begusarai on bike, some unknown persons made firing which hit on the head of the son of the informant from back due to which, he fell down sustaining injury. Ajay Kumar was driving the bike and accordingly, the son of the informant was taken to Sadar Hospital where he died during course of treatment. The learned counsel for the petitioner submits that petitioner is not named in the F.I.R. His name has transpired during the course of investigation in the confessional statement of Ajay Kumar @ Basiya Poddar. It is further submitted that similarly situated co-accused Anshu Kumar (granted anticipatory bail), Alok Kumar @ Alok Paswan (granted anticipatory bail) and Chhotu Kumar @ Bulla have been granted bail by order dated 04.11.2019 in Cr. Misc. No.50780 of 2019, the order dated 16.01.2020 in Cr. Misc. No.2124 of 2020 and order dated 16.05.2019 in Cr. Misc. No.32573 of 2019 respectively.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 06.01.2021, charge-sheet has been submitted in this case and similarly situated co-accused persons have been granted bail by different Benches of this Court, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in

Patna High Court CR. MISC. No.37145 of 2021(2) dt.08-12-2021 3/3 the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P. S. Case No.364 of 2018.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T