Amarjit Paswan @ Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51968 of 2022 Arising Out of PS. Case No.-70 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.

Amarjit Paswan @ Amarjeet Kumar Son Of Jueshwar Paswan R/O VillageRahincha, P.S.- Shekhopur Sarai, District- Sheikhpura 2.

Ranjan Paswan @ Niranjan Paswan Son Of Nageshwar Paswan R/O Village- Rahincha, P.S.- Shekhopur Sarai, District- Sheikhpura ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Rudal Singh, Advocate For the Opposite Party :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioners seek bail in a case initially registered under Sections-147, 148, 149, 341, 447, 323, 324, 307, 354, 504, 302 of the Indian Penal Code and Section-27 of the Arms Act.

Prosecution case in short is that while the informant along with her husband was sitting at her door, the accused persons came there and started abusing. On protest, the accused

Patna High Court CR. MISC. No.51968 of 2022(2) dt.16-12-2022 2/3 persons went from there and thereafter, they came having armed with Lathi, Danda, Khanti and lethal weapons and in consequence thereof, co-accused Chinta Devi handed over a country-made pistol to her son which was fired as a result of which, the husband of the informant sustained fire-arm injury and fell down unconscious. The informant's husband was taken to hospital for treatment where he was declared dead. It has been submitted that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 10-07-2022. Charge sheet has already been submitted in this case. There is no allegation of assault against the petitioners causing injury to the deceased. The deceased was assaulted by co-accused Guddu Paswan who is alleged to have fired upon the deceased which led to his (deceased) death. The petitioner No. 1 is said to have given Khanti blow on the head of Kamlesh Paswan and so far petitioner No. 2 is concerned, he had caught hold hair of the informant.

On behalf of the State, it is submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above, be released on bail on

Patna High Court CR. MISC. No.51968 of 2022(2) dt.16-12-2022 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Shekhopur Sarai P.S. Case No. 70 of 2020. (Sudhir Singh, J) A.K.V.//- U T