Ajay Paswan @ Ajay Ram @ Ajay Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43203 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- BUXAR District- Buxar ====================================================== Ajay Paswan @ Ajay Ram @ Ajay Kumar Ram Son Of Shiv Mandal Ram Resident Of Mohalla - Shanti Nagar, P.S. - Buxar (Town), Distt. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 120B, 34 of the Indian Penal Code and Section 25(1-b)a, 26, 27, 35 of the Arms Act later on Section 302 of the IPC was also added.

3. As per prosecution case, the allegation against the petitioner is that due to previous dispute he fired upon the brother of the informant due to which he sustained gunshot injury on his back. It is further alleged that co-accused namely, Raja Pawan also fired upon his brother due to which his brother sustained injury on his abdomen later on during treatment he died.

Patna High Court CR. MISC. No.43203 of 2023(4) dt.19-09-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. It is further submitted that the petitioner is languishing in judicial custody since 14.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is direct allegation against the petitioner of firing upon the brother of the informant and due to which his brother sustained gunshot injury and died during treatment and Postmortem Report also corroborated the prosecution version. During investigation, witnesses also supported the prosecution version.

6. Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

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

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