The Patna High Court granted bail to the petitioner, who was arrested in connection with a murder case involving firearm charges, directing him to furnish a bond with sureties.
Release on bail on furnishing a bond of Rs.10,000 with two sureties of the like amount each, one being a close relative.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76274 of 2019
Arising Out of PS. Case No.-3 Year-2019 Thana- FULKAHA District- Araria
======================================================
PANKAJ KUMAR PASWAN @ PANKAJ PASWAN Son of Bikru Paswan Resident of Village-Madhura North, P.S.-Fulkaha, District-Araria.
... ... Petitioner.
Versus
THE STATE OF BIHAR
... ... Opposite Party.
====================================================== Appearance : For the Petitioner : Mr. Ramesh Kumar Singh, Advocate. For the State : Mr. Ashok Kumar Singh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
The petitioner seeks bail in connection with Fulkaha P.S. Case No.03 of 2019 registered under Sections 302/34 of the Indian Penal Code besides Section 27 of the Arms Act.
The accusation is that on 04.01.2019, in course of patrolling duty, the informant along with other police personnel received information about sustaining injury through gunshot by the daughter-in-law of Bikru Paswan in village-Madhura North. Thereafter, the informant along with other police personnel went there. The ladies present there disclosed that Kavita Devi, the daughter-in-law of Bikru Paswan, died due to falling near the hand-pump but on seeing her dead body, one gunshot injury was
Patna High Court CR. MISC. No.76274 of 2019(4) dt.26-06-2020 2/3
found near her right eye. On query, the informant came to know that Pankaj Kumar Paswan (petitioner) and Sanoj Paswan, who are husband and brother-in-law respectively of Kavita Devi, shot fire at her and fled away from there. It also came in the knowledge of the informant that Bikru Paswan and his relatives are criminals and, at present, Bikru Paswan, is in jail at Nepal.
Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the husband of the deceased Kavita Devi. The petitioner and his brother have falsely been implicated in this case by the police on recording the confessional statement of the petitioner having their hand in committing the alleged crime. In fact, some men came near the house of the petitioner and fired in which Kavita Devi, the wife of the petitioner, who was present at the hand pump to take the water, sustained injury and died. While on investigation, the police has already submitted the chargsheet, as appears from the case diary, but not a single independent witness has supported the prosecution case. The petitioner is in custody since 26.05.2019.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten
Patna High Court CR. MISC. No.76274 of 2019(4) dt.26-06-2020 3/3
Thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Baivab, Judicial Magistrate, First Class, Araria, in connection with Fulkaha P.S. Case No.03 of 2019. Out of the two sureties, one must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a murder case involving firearm charges.
2 provisions across 2 enactments
Pankaj Kumar Paswan @ Pankaj Paswan
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
