Pawan Kushwaha @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67934 of 2022 Arising Out of PS. Case No.-8 Year-2021 Thana- MIRGANJ District- Gopalganj ====================================================== Pawan Kushwaha @ Pawan Kumar Son of Chhotelal Kushwaha @ Chhotelal Prasad R/V- Harkhauli, East Tola, P.S- Meerganj, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2023 Heard both parties.

The petitioner apprehends his arrest in Meerganj P.S. Case No. 08 of 2021, registered for the offences punishable under Sections 302, 120(B), 506/34 of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence, while the son of informant and his friend Shivnath Choubey were sitting in his office, four unknown accused persons made indiscriminate firing upon the son of informant and when Shivnath Choubey raised alarm, the younger brother of informant namely, Rajesh Singh rushed towards him thereafter accused persons fled away. During course of treatment son of informant died. Informant suspects that this petitioner along with accused persons under conspiracy got killed his son.

Patna High Court CR. MISC. No.67934 of 2022(2) dt.20-03-2023 2/2 It is submitted that informant is not eye-witness of the occurrence and only on suspicion he has been made accused in this case. There is no specific allegation against any of the accused persons rather allegation is general and omnibus. During course of investigation, one Md. Ehasan was arrested and in his confession he disclosed that he along with others contacted Irshad who killed the son of informant. Petitioner claims clean antecedent.

Counsel for State vehemently opposed the prayer for bail and submitted that petitioner played active role in the murder of son of informant.

Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T