Patna High CourtCR. MISC./61244/2024bail granted

Vinod Paswan v. The State Of Bihar

2024-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61244 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Vinod Paswan son of Ramchandra Paswan Village- Nayan Chak, PsKhagaul, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Prasad Singh, Adv.

For the Opposite Party/s :

Ms.Sucheta Yadav, APP Mr. Sikandar / Mr. Pramod Kumar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for offence under Section 302 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per F.I.R., on 09-02-2024, it is alleged by informant that on 08-02-2024 (night), while his brother was returning his house from the market, all the accused persons including this petitioner caught his brother and fired upon him, due to which, he sustained fire-arm injury and when he was taken to Paras Hospital for treatment, the doctor declared him dead.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.61244 of 2024(3) dt.06-12-2024 2/2 petitioner has been falsely implicated in this case. Informant is not eye-witness to the alleged occurrence and he has not disclosed the source of information as to how he came to know about involvement of petitioner in the alleged murder of his brother. There is general and omnibus allegation and no specific overt act has been alleged against this petitioner. Petitioner has got clean antecedent and is in custody since 09.02.2024. Chargesheet has been submitted.

5. Learned A.P.P. and learned counsel for informant vehemently opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner 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 A.D.J. - II, Danapur (Patna) in connection with Khagaul P.S. Case No. 33/2024, G.R.No. 648/2024, PTN No. 0648/2024. (Prabhat Kumar Singh, J) anay/- U T