Pankaj Paswan @ Chirag Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31609 of 2018 Arising Out of P.S.Case No. -4 Year- 2018 Thana -EAST COLONY District- MUNGER ====================================================== Pankaj Paswan @ Chirag Paswan, S/o Late Chandra Shekhar Paswan, Ro Village- Ram Nagar Morcha, P.S.- Naya Ram Nagar, District- Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ambrish Kumar Jha For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner is in custody in connection with East Colony P.S.Case No.04 of 2018 pending in the Court of ACJM-I, Munger registered for an offence under Section 302 of the IPC and Section 27 of the Arms Act.
As per FIR some unknown miscreants shot fire on the deceased when he reached near the graveyard and thereafter the deceased died at the spot.
It has been submitted that there is no eye witness to the occurrence. The petitioner has been made accused merely on suspicion. The petitioner had neither any motive to commit murder of the deceased nor any manner of concern. The petitioner
Patna High Court Cr.Misc. No.31609 of 2018 (3) dt.11-07-2018 2/2 is in custody since 02.03.2018.
The learned APP opposed the submissions.
On perusal of the case diary it appears that one witness who was sitting near fire to warm up saw this petitioner fleeing away from the place of occurrence after firing along with other person on the Apache motorcycle. The petitioner's antecedent mentioned in para-3 of the petition shows that the petitioner is involved in four more cases of similar nature of crime. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Prayer of bail is rejected. The court below is directed to expedite the trial. (Sanjay Kumar, J) B.Kr./- U T