Amit Paswan @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32171 of 2022 Arising Out of PS. Case No.-463 Year-2015 Thana- GAYA MUFASIL District- Gaya ====================================================== Amit Paswan @ Amit Kumar S/O Sitaram Paswan Resident Of VillageBhadiya, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Muffasil P.S. Case No. 463 of 2015 instituted for the offence under Sections 302, 379 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, petitioner along with other co-accused fired with pistol to the informant's mother and brother causing spot death of both the persons. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to previous enmity and land dispute. No one is the eye witness of the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 25.11.2021.

Patna High Court CR. MISC. No.32171 of 2022(3) dt.18-10-2023 2/2 Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is specific allegation of firing against the petitioner. Postmortem report also disclosed that the cause of death of the deceased is due to haemorrhage and shock caused by fire arms injury. This is a case of double murder. During investigation, several witnesses have supported the prosecution version and also the bail application of the other co-accused person has already been rejected by this Court vide order dated.19.06.2023 in Cr. Misc. No. 38206 of 2022.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T