Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9804 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- CHANDI District- Nalanda ====================================================== SHANKAR PASWAN SON OF INDERDEV PASWAN Resident of Village - Chainpur, P.s.- chandi, (Vena), Dist.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Chandi P.S. Case No. 96 of 2020 corresponding to Sessions Trial No. 199 of 2020, registered for the offence punishable under Sections 302, 323, 341, 504/34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, on 10.03.2020 at about 4.30 pm, while the informant, Sudhir Kumar (brother), Santosh Kumar (nephew) and villagers were at Devi Asthan, this petitioner with pistol in his hand along with other accused

Patna High Court CR. MISC. No.9804 of 2021(2) dt.03-06-2021 2/2 persons dragged the son of informant and fired upon him causing his death.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to village politics. Prosecution case is highly absurd and abnormal. There is case and counter case. Petitioner is in custody since 29.05.2020.

Learned APP however, vehemently opposed the prayer for bail and submitted that there is direct and specific allegation of firing against this petitioner, causing death of informant's son. The aforesaid fact is also supported by the postmortem report.

Considering the facts aforesaid and the gravity of offence, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

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