Kameshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48020 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- SIKANDRA District- Jamui ====================================================== KAMESHWAR PASWAN S/o Late Pyare Paswan Resident of VillageGouharnagar, P.S.- Sikandra, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Senior Advocate :

Mr. Rajesh Kumar, Advocate :

Ms. Shatabdi Sinha, Advocate For the State :

Mr. Rajendra Nath Jha, APP For the Informant :

Mr. Anupa Nand Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State as well as postmortem report as annexed with the petition. The petitioner is in custody in a case registered for the offence punishable under Sections 341, 323, 307, 504, 302 and 506/34 of the Indian Penal Code and Section 27 of the Arms act. Allegedly, it is a case of opening fire by co-accused Ajit Paswan hitting the abdomen of Vikash Kumar due to which he succumbed to injury.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that there is no specific overt-act by the petitioner and

Patna High Court CR. MISC. No.48020 of 2022(3) dt.12-01-2023 2/2 specific overt-act of opening fire is against co-accused Ajit Paswan due to which Vikash Kumar succumbed to injury. He further submits that the doctor opined cause of death by fire arm injury and only one fire arm injury is sustained by the deceased due to which he succumbed to injury. Petitioner is in judicial custody since 19.05.2022.

Learned APP appearing for the State as well as the Informant have vehemently opposed the prayer for regular bail of the petitioner and submitted that the petitioner along with his son made firing upon the son of the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jamui in connection with Sikandra P.S. Case No. 109 of 2022. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T