Satish Kumar @ Satish Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52496 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Satish Kumar @ Satish Kumar Paswan Son Of Late Ramlagan Paswan Resident Of Village And P.S. - Khodawandpur, District - Begusarai ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner, the State and the informant.
2. Petitioner seeks regular bail in a case registered for the offence punishable under sections 302/120B/34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, at about 1 pm the petitioner and his two companion Mukesh Paswan and Nitish Kumar @ Aryan Kumar @ Aryan Kumar Singh took the brother of the informant with them on the pretext of purchasing a mobile phone and same day in the evening information was received that informant's younger brother was murdered with gun shot.
4. Learned counsel appearing for the petitioner submits that the informant is not the eye witness of the occurrence and petitioner has falsely been implicated in this case only on suspicion. Learned counsel submits that save and except suspicion, there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. He is in custody since 26.9.2023.
5. Learned counsel for the State and the informant
Patna High Court CR. MISC. No.52496 of 2024(3) dt.25-10-2024 2/2 oppose the prayer for bail. They submit that the petitioner is named in the FIR with specific allegation that he and his companion took the victim with them on the pretext of purchasing a mobile phone and same day the dead body was received with gun shot injury. Petitioner has got one criminal antecedent.
6. Considering the nature and gravity of allegation and the criminal antecedent of the petitioner, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) Shashi U T