Azad Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61853 of 2019 Arising Out of PS. Case No.-299 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Azad Paswan Son of Mahendra Paswan Resident of Village- Haiwatpur, Ward No. 5, Police Station- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rai Mukesh Sharma For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 17.06.2019 in a case registered for the offences punishable under Sections 324, 307 and 302/34 of the IPC and Section 27 of the Arms Act. The prosecution case is that on 13.06.2019, the informant was dancing in the marriage ceremony of his maternal brother when all the FIR named accused persons came armed with pistol and resorted to fire, which hit the mother of the informant, who subsequently succumbed to the injuries. It is alleged that the name of the petitioner sprang up during investigation on the basis of the statement of sister of the informant. It is submitted by learned counsel for the petitioner that the

Patna High Court CR. MISC. No.61853 of 2019(2) dt.27-11-2019 2/2 petitioner was not named in the FIR. His name subsequently sprang up during investigation on the basis of statement of the sister of the informant. It is further submitted that accusation of resorting to fire has not been made against the petitioner. Moreover, the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the name of the petitioner sprang up during investigation.

Considering the fact that accusation of resorting to fire has not been levelled against the petitioner, investigation has already been concluded and the period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Begusarai in connection with Begusarai Mufassil P.S. Case No. 299 of 2019. (Dinesh Kumar Singh, J) Amrendra/- U T