Ravi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65328 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- INARWA District- West Champaran ====================================================== RAVI PASWAN S/O Sri Lalu Paswan @ Lalbabu Paswan R/O VillageBarwa Parsauni, P.S- Inarwa, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the State :

Mr.Ram Anurag Singh, A.P.P.

For the Informant :

Mr. Nagendra Dubey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Inarwa P.S. Case No. 23 of 2022 registered for the offences punishable under Sections 147, 148, 149, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is that while the informant alongwith his brother, nephew and others were sitting at their house, the accused persons including the petitioner herein had arrived there, whereafter the co-accused person, namely, Awadesh Paswan had caught hold of the brother of

Patna High Court CR. MISC. No.65328 of 2022(3) dt.18-01-2023 2/3 the informant, whereupon the co-accused persons, namely, Sadhu Paswan and Lalu Paswan had inflicted sword blows on the right and left leg of the brother of the informant resulting in blood vessel being cut and him being inflicted with grievous injuries. It is further alleged that, thereafter, the petitioner had fired gunshots on the right side of the chest of the brother of the informant resulting in his death.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 24.05.2022. The learned counsel for the petitioner has further submitted that the petitioner is an accused in one another criminal case in which he is on bail. It is also submitted that the petitioner has not been alleged to have inflicted sword blow on the leg of the brother of the informant i.e. the deceased, however, he has been alleged to have fired gunshots. Lastly, it is submitted that the period of incarceration of the petitioner be considered for

Patna High Court CR. MISC. No.65328 of 2022(3) dt.18-01-2023 3/3 the purposes of grant of bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also those available in the case diary, apart from having gone through the post-mortem report of the deceased, this Court finds that the petitioner is alleged to have fired gun shots on the deceased resulting in his death, hence, the complicity of the petitioner in the alleged occurrence is writ large, thus I do not find any merit in the present petition. Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/Saurav U T