Mintu Kumar @ Gachiya Paswan @ Mintu @ Gachhiya Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57143 of 2019 Arising Out of PS. Case No.-364 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MINTU KUMAR @ GACHIYA PASWAN @ MINTU @ GACHHIYA PASWAN Son of Banarasi Paswan Resident of Village - Gachhi Tola, P.S.- Town Begusarai, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in brief is that while the son of the informant was returning his home after inspection of a girl for marriage of his brother, in the way, the accused persons fired upon the informant's son, who sustained fire arm injury and thereafter he died in course of treatment.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 02-01-2019. Charge sheet has already been submitted. The petitioner is not

Patna High Court CR. MISC. No.57143 of 2019(3) dt.18-12-2019 2/2 named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no eye witness to the alleged occurrence. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 364 of 2018.

(Sudhir Singh, J) A.K.V.//- U T