Sudhir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49592 of 2023 Arising Out of PS. Case No.-222 Year-2020 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== SUDHIR PASWAN SON OF LATE TETAR PASWAN RESIDENT OF VILLAGE- GHANSHYAMPUR, PS- GHANSHYAMPUR, DISTTDARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 328, 302/34 of the Indian Penal Code.

3. As per prosecution case, it is alleged by the informant that five named accused persons including this petitioner administered poison in liquor of the brother of the informant as a result of which he died.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Informant is not an eye witness of the occurrence and petitioner has been made accused only on suspicion. It is further submitted that had the petitioner committed the alleged offence, he would not have

Patna High Court CR. MISC. No.49592 of 2023(3) dt.30-08-2023 2/2 taken the deceased to the hospital for treatment.

5. Learned A.P.P. for the State opposes the bail application and submits that petitioner is named in the F.I.R. and there is specific allegation that this petitioner along with other accused persons poisoned the brother of the informant resulting in his death.

6. Considering the nature of accusation and gravity of the offence, prayer for anticipatory bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Navya/- U T