Patna High CourtCR. MISC./78130/2019dismissed

Sarwan Paswan v. The State Of Bihar

2019-12-09Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 78130 of 2019 Arising Out of PS Case No.-131 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Sarwan Paswan (Male), aged about 28 years, Son of Ramesh Paswan, Resident of Village Nabinagar, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the State :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Barun PS Case No. 131 of 2018 dated 04.07.2018 instituted under Sections 394, 302, 120B of the Indian Penal Code and 25 (1-B) (a), 26, 27, 35 of The Arms Act, 1959.

3. The petitioner is accused of being the mastermind of the incident, in which the driver of vehicle was shot for the purpose of looting.

4. Learned counsel for the petitioner submitted that he is in jail and has falsely been implicated. It was submitted that the crime was committed by two other persons, who are also co-

Patna High Court CR. MISC. No.78130 of 2019 dt.09-12-2019 2/2 accused but there is no role of the petitioner. It was further submitted that the petitioner is in custody since 07.12.2018, in the present case.

5. Learned APP submitted that the petitioner was the mastermind and he had instigated the other two co-accused to commit the crime while still being in jail. It was submitted that the petitioner already has criminal antecedent and is accused under Section 364 of the Indian Penal Code. Learned counsel submitted that the name of the petitioner has come from his own cousin brother and, thus, there cannot be any false implication.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T