Pahan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41195 of 2021 Arising Out of PS. Case No.-83 Year-2019 Thana- IMADPUR District- Bhojpur ====================================================== PAHAN PASWAN S/o Ramashray Paswan Resident of Village - Rajpur, P.S. - Imadpur Dist. - Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in registered for the offences punishable under section 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, petitioner fired on the informant's son as a result of which he sustained gun shot injury and died.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of resorting to firing against all the accused persons. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 5.2.2021.

Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.41195 of 2021(5) dt.08-03-2022 2/2 bail and submits that there is allegation that petitioner fired on the informant's son as a result of which he sustained gun shot injury and died and the doctor in the post mortem report has opined that the deceased sustained five fire arms injuries. Considering the nature of accusation and materials available on the records against the petitioner, his prayer for bail is refused.

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