Satish Paswan @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38206 of 2022 Arising Out of PS. Case No.-463 Year-2015 Thana- GAYA MUFASIL District- Gaya ====================================================== SATISH PASWAN @ SATISH KUMAR SON OF LATE ASHOK PASWAN R/O VILLAGE- BHADEJA, P.S.- MOFASSIL, DISTT.- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mrs.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 379, 380 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, petitioner alongwith other co-accused fired with pistol to the informant's mother and brother causing spot death of both.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity and land dispute. No one is the eye witness of the alleged occurrence. No incriminating article has been recovered from the possession of the petitioner. Similarly situated other accused person has already been enlarged on bail

Patna High Court CR. MISC. No.38206 of 2022(8) dt.19-06-2023 2/2 by another coordinate Bench of this Court vide order dated 18.7.2018 passed in Cr. Misc. No. 27760 of 2018. Petitioner is languishing in judicial custody since 18.12.2021. The application for bail is opposed by learned APP for the State and submitted that there is specific allegation of firing against the petitioner. Postmortem report also disclosed that cause of death due to hemorrhage and shock caused by fire arms injury. This is a case of double murder. During investigation, several witnesses have supported the prosecution story.

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 and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U