Vikram Paswan @ Bikram Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50907 of 2024 Arising Out of PS. Case No.-419 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== VIKRAM PASWAN @ BIKRAM PASWAN SON OF SURESH PASWAN RESIDENT OF VILLAGE -KEWTA TOLA PIPARPANTI PS- DALSING SARAI, DISTT.- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar, Adv.
For the Opposite Party/s :
Mr.Sahilendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Dalsingsarai P.S. Case No. 419 of 2023 for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation, the father of the informant was sitting at his poulty firm. In the meantime, three unknown miscreants came and demanded 2 kg chicken and when his father told him that here chicken is not being sold then one miscreant shot the father of the informant and his father sustained three firearm injuries. Thereafter, the accused persons fled away towards Dalsingsarari. Thereafter, he brought his father to Dalsingsarari Hospital where doctor declared him dead.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that confessional statement of
Patna High Court CR. MISC. No.50907 of 2024(3) dt.23-09-2024 2/2 co-accused Gopal Kumar and Birbal Kumar have been recorded in Paragraph nos. 53 and 58 of the case diary respectively. Both these co-accused persons have confessed their guilt and they have stated that Gopal Kumar had fired two shots and Birbal Kumar had fired one shot on the deceased. Three firm-arms injuries were found on the person of the deceased. So far as the petitioner is concerned, there is no material that he fired at the deceased.
5. On the other hand, the learned APP for the State as well as learned counsel for the informant have opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned ACJM-Ist, Dalsingsarari in connection with Dalsingsarai P.S. Case No. 419 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) Nirmal/- U T