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Patna High CourtCR. MISC./40558/2022dismissed

Pawan Paswan v. The State Of Bihar

2023-01-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40558 of 2022 Arising Out of PS. Case No.-208 Year-2020 Thana- NAYA RAM NAGAR District- Munger ====================================================== PAWAN PASWAN S/O DHANSETH PASWAN @ DHANSHETH PASWAN Resident of Village- Halimpur, P.S.- Naya Ram Nagar, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Naya Ram Nagar (Safia Sarai) P.S. Case No.208 of 2020, registered for the offence punishable u/s 302, 506, 34 of the IPC and section 27 of the Arms Act.

Allegedly, the petitioner is said to have fired upon the temple of the son of informant, as a result of which he died on spot.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner alleged has taken place. Petitioner is resident of another village

Patna High Court CR. MISC. No.40558 of 2022(3) dt.09-01-2023 2/2 having no enmity with the deceased. No witness has taken the name of petitioner and merely on suspicion, he has been made accused in this case. No incriminating material has been recovered from the conscious physical possession of the petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail by submitting that there is a direct allegation against the petitioner to have fired upon the son of informant, who died on the spot. Considering the nature of allegation, I am not inclined to enlarge the petitioner named above on anticipatory bail. The prayer for grant of bail on his behalf is rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T