Bishambhar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38127 of 2021 Arising Out of PS. Case No.-194 Year-2011 Thana- JAMUI District- Jamui ====================================================== Bishambhar Paswan Son of Late Faudi Paswan Resident of Village- Paro Durga Mandir, P.S.- Barhat, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Jamui P.S. Case No. 194 of 2011, registered for the offence under Sections 302, 201, 120(B), 379, 34 of the Indian Penal Code.

This petitioner is named in the First Information Report and in the occurrence, four persons have been brutally killed.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to dirty village politics. There is no eye-witness to the alleged occurrence and one Munna Kumar, who disclosed the informant regarding role of the petitioner played in the alleged offence, has not been examined by the police in course of investigation. Petitioner claims clean antecedent and he is in custody since 03.02.2021.

Patna High Court CR. MISC. No.38127 of 2021(5) dt.07-02-2022 2/2 However, learned A.P.P. for the State opposed the bail petition and submitted that in this case, four persons were brutally killed by the miscreants and during course of investigation, enough material has come against this petitioner to connect him with the alleged offence. In the case diary, it has come that this petitioner accompanied the deceased persons alongwith co-accused Shikhandi Paswan in Bolero vehicle and took them to a lonely place where several other miscreants were waiting for them and thereafter, they brutally assaulted and killed husband of the informant and three other persons. Munna Kumar somehow managed to escape and reported the matter to the informant and in pursuance thereof, the F.I.R. has been lodged.

Considering the nature and gravity of offence and the manner, in which, the offence was committed, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T