Patna High CourtCR. MISC./54115/2024bail rejected

Pawan Paswan @ Pawan Babu v. The State Of Bihar

2024-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54115 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- BIHTA District- Patna ====================================================== Pawan Paswan @ Pawan Babu Son of Late Bhagwan Paswan R/O Vill.- Navdihan, P.s.- Naubatpur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umashankar Sharma, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and the State .

2. The petitioner seeks regular bail in a case registered for the offence punishable under sections 302, 120B of the IPC and sections 27, 25(1-B)(a), 26 and 35 of the Arms Act. 3 . As per the prosecution case, three miscreants committed murder of the mother of the informant.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the FIR. Petitioner's name has come in this case during course of investigation on the basis of confessional statement of other coaccused. There is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence . Charge

Patna High Court CR. MISC. No.54115 of 2024(4) dt.29-11-2024 2/2 sheet has already been filed. Petitioner is in custody since 08.1.2024. Similarly situated co-accused person has already granted bail by this Court vide order dated 25.10.2024 in Cr. Misc. No. 35755 of 2024 .

5 . Learned counsel for the State opposed the prayer for bail and submitted that petitioner is involved in the alleged occurrence and during investigation it has come that two loaded pistol were recovered from the possession of petitioner and as such his prayer for regular bail is fit to be rejected.

6. Considering the aforesaid facts of the case and also the fact that two loaded pistol were recovered from the possession of petitioner, prayer for regular bail of the petitioner is rejected.

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