Patna High CourtCR. MISC./54504/2017bail granted

Pawan Paswan v. The State Of Bihar

2017-12-14Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54504 of 2017 Arising Out of PS.Case No. -192 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ====================================================== Pawan Paswan, son of Ram Ayodhaya Paswan @ Ram Ayodhya Ram, resident of Village- Jawahar Tola, P.S.- Ara Nawada, District- Bhojpur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Nawada P.S. Case No.192 of 2017 registered under Section 302 and 120/34 of the Indian Penal Code.

As per the prosecution case, accused Suraj Paswan and Sethi Paswan alias Jitendra Paswan is said to have taken the brother of the informant, Ritesh Kumar Singh to relish the dance and Suraj Paswan gunned him down. The name of the petitioner has surfaced in the confessional statement of Sethi Paswan as the person shoving the deceased on ground preceding to resorting firing by Suraj Paswan.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. There is no

Patna High Court Cr.Misc. No.54504 of 2017 (02) dt.14-12-2017 - 2 - specific allegation against the petitioner. He has no concern with the aforesaid occurrence. The petitioner is not named in the F.I.R.. The assailant of the case happens to be Suraj Paswan as there is direct allegation against him of resorting firing. Similarly situated co-accused Sethi Paswan @ Jitendra Paswan has been granted bail by co-ordinate Bench of this Court in Cr. Misc. No.47199 of 2017 vide order dated 17.10.2017. The petitioner has been languishing in custody since 13.06.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur in connection with Ara Nawada P.S. Case No.192 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T