IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15671 of 2010
KAILASH PASWAN, SON OF KANHAIYA PASWAN
Versus
STATE OF BIHAR
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3. 29.06.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Section 302 of the Indian Penal Code and
Section 27 of the Arms Act.
From the narrative of the First Information Report, it
is clear that the Informant is not an eye witness but she has
narrated about the occurrence as having been told by Santosh
Paswan who disclosed the active complicity of the petitioner in
committing this act.
Submission is that there is no allegation against the
petitioner of having fired at the deceased since Santosh
Paswan himself is not an eye witness to the occurrence. Further
submission is that the co-accused Ram Pravesh has been
granted bail. However, I find the case of the petitioner is not
similar to the case of Ram Pravesh Kumar Diwakar who has
been released on bail by this Court on 19.4.2010 passed in Cr.
Misc. 11836 of 2010 since he has no criminal antecedents.
Considering the complicity of the petitioner, this court
is not inclined to grant bail to the petitioner, at this stage.
The prayer for bail is rejected.
However, he may renew his prayer for bail after
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framing of charge.
It is made clear that the case of the petitioner will not
be bifurcated for purposes of bail.
( Anjana Prakash, J.)
S.Ali