Ajit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41322 of 2023 Arising Out of PS. Case No.-109 Year-2022 Thana- SIKANDRA District- Jamui ====================================================== Ajit Paswan Son Of Kameshwar Paswan Resident Of Village- Gohar Nagar, Ps- Sikandara, Distt- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged against the petitioner that he shot at the son of the informant, as a result of which, he sustained gunshot injuries on his stomach and subsequently succumbed to the injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.41322 of 2023(3) dt.07-08-2023 2/3 been implicated in this case. For the alleged occurrence of 03.05.2022, the F.I.R was registered on 07.05.2022 without explaining the delay. The deceased himself was a veteran criminal and he might be killed by his rivals. The petitioner is languishing in custody since 19.05.2022. During investigation, other witnesses have given contradictory statement. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he shot at the deceased, as a result of which, he died during treatment. The postmortem report as well as the witnesses have also supported the case of the prosecution.

Considering the fact that there is specific accusation against the petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for

Patna High Court CR. MISC. No.41322 of 2023(3) dt.07-08-2023 3/3 grant of bail to the petitioner stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest.

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