Shanku Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69826 of 2021 Arising Out of PS. Case No.-83 Year-2019 Thana- IMADPUR District- Bhojpur ====================================================== 1.

SHANKU PASWAN Son of Pathak Paswan Resident of Village- Rajpur, P.S.- Imadpur, District- Bhojppur at Ara 2.

Ramesh Paswan Son of Jay Bisun Paswan @ Jay Visun Paswan Resident of Village- Rajpur, P.S.- Imadpur, District- Bhojppur at Ara ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parijat Saurav For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2022 Heard learned counsel for the petitioners and the State.

The petitioners pray for grant of regular bail in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

Prosecution's case, in brief, is that when the informant was returning with his son from her mustard field, the petitioner and other named accused persons along with 5/6 other unknown persons surrounded them. Meanwhile, accused Pachan Paswan fired on her son as a result of which he sustained gun shot injury and died thereafter. Informant also sustained pellet injury.

Patna High Court CR. MISC. No.69826 of 2021(2) dt.04-03-2022 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Fatal injury caused to the deceased has been given by coaccused Pachan Paswan. Petitioners are in custody since 20.9.2021 and 17.6.2021 respectively.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let both the petitioners, as named above, 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 Judicial Magistrate 1st class, Bhojpur at Ara in Imadpur Police Station Case No. 83 of 2019.

(Prabhat Kumar Singh, J) Shashi U T