Ignatius Paul @ Alas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41418 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== IGNATIUS PAUL @ ALAS Son of Late Paul Salesting Resident of MohallaLatauna, Mission Ward No.-5, P.S.- Triveniganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Dutta Verma For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 326, 307, 302 of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, some unknown miscreants entered into the house of informant and shot his wife, who was sleeping in a room. She died on way to the hospital.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Suresh Kumar. Save and except confessional statement there is no other material against this petitioner to show his complicity in the aforesaid crime.

Patna High Court CR. MISC. No.41418 of 2021(3) dt.01-02-2022 2/2 Similarly situated accused Stephen Belisious @ Deepak has already been granted bail by this court vide order dated 06.04.2021 passed in Cr. Misc. No. 5092/2021. Petitioner claims clean antecedent and is in custody since 24.08.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that case of petitioner is distinguishable from the case of co-accused, Stephen Belisious @ Deepak, as country made pistol used in the crime was recovered from the possession of this petitioner whereas there was no such recovery from the possession of co-accused, Stephen Belisious @ Deepak.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T