Binod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66921 of 2019 Arising Out of PS. Case No.-91 Year-2016 Thana- FATEHPUR District- Gaya ====================================================== BINOD PASWAN Son of Kali Paswan Resident of Village - Taro, P.S.- Fatehpur, District - Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr.Rashid Izhar, Advocate For the Opposite Party :

Mr.Ajay Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under sections 302/34 of the IPC, section 27 of the Arms Act and 3⁄4 of the Explosive Substance Act. The informant alleges that the petitioner and other accused persons, named in the FIR, went to the brick kiln of the informant and started assaulting his brother Mnoj Yadav. In the meantime, the petitioner fired from his pistol on Manoj Yadav. He also hurled bomb on Manoj Yadav, as a result of his he received multiple injuries and died ultimately. Learned counsel for the petitioner submits that the petitioner is innocent and in fact the deceased was an accused in several cases, as such, he might have been killed by his enemy. Petitioner is in custody since 9.5.2019.

In view of the specific allegation against the petitioner, that he opened fire at the victim and also hurled bomb on him resulting into his death, his prayer for bail is rejected. (Prabhat Kumar Singh, J) Shashi U T