Patna High Court - Orders
Kamlesh Paswan vs The State Of Bihar on 2 May, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha, Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.341 of 2018
Arising Out of PS. Case No.-32 Year-2011 Thana- BELAGANJ District- Gaya
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Kamlesh Paswan S/o Babulal Paswan, R/o Bulak Bigha, P.S.- Belaganj,
District- Gaya.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Krishna Pd. Singh, Sr. Adv.
Ms. Priya Ranjan
Mr. Mukesh Kumar
Mr. Anunay Shahi
Mr. Sanjeev Kumar
For the State : Mr. Abhimanyu Sharma
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
and
HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA)
I. A. No. 05 OF 2024
15 02-05-20251. Heard learned Counsel for the appellant and learned Additional Public Prosecutor for the State.
2. I. A. No. 05 of 2024 has been filed for suspension of sentence and grant of bail to the appellant during the pendency of this appeal.
3. The present appeal has been preferred by the appellant against the judgment of conviction, dated 08.02.2018, and order of sentence, dated 16.02.2018, passed by Patna High Court CR. APP (DB) No.341 of 2018(15) dt.02-05-2025 2/5 learned P.O. FTC II Civil Court, Gaya, in Sessions Trial No. 26/2017-53/2012 (S.J.) arising out of Belaganj P.S. Case No. 32 of 2011 whereby the appellant has been sentenced to undergo rigorous imprisonment (R.I.) for life and a fine of Rs. 5000/- and in default of payment of fine he has further been ordered to undergo 02 months of R.I. for the offence punishable under Section 302 of the Indian Penal Code. The appellant is to further undergo two years R.I. for offence under Section 148 of the Indian Penal Code. He further to undergo R.I. for five years under Section 27 of the Arms Act and a fine of Rs. 1000/- and in default of payment he has to further undergo one month R.I. All the aforesaid sentences shall run concurrently.
4. As per the prosecution case, the informant was returning back to his village after purchasing clothes from Belhari Bazar, along with his nephew Manish Sharma. On the way back, the appellant, along with other co-convicts, surrounded them and Manish Sharma was killed by firing bullet by the accused persons. Co- convict Chandu Ram fired upon the deceased causing fire arm injury on his chest, co-convict Ram Surya Patna High Court CR. APP (DB) No.341 of 2018(15) dt.02-05-2025 3/5 Bilash Paswan fired upon him causing fire arm injury on his head and co-convict Sujit Kumar Das fired causing fire arm injury on the head of the deceased.
5. Learned senior counsel for the appellant submits that though there is allegation of firing upon appellant also, but it has not been mentioned that which part of the body of the deceased was hit due to firing made by the appellant. He further submits that as per the medical report only three gun shot injury have been found on the body of the deceased. He next submits that there is specific allegation in the First Information Report regarding firing made by three co-convicts describing the part of the body which got hit due to firing made by them. The appellant is in custody since 08.02.2018 and before trial also he was in custody for about five months, as such, the appellant has completed seven years and eight months in custody. The co-convicts Chandu Ram and Surya Bilash Paswan have been granted bail by this Court , however, after completion of about 10 to 11 years of custody. He further submits that the appeal is not likely to be taken up for hearing in near future and the appellant is having no criminal antecedent.
Patna High Court CR. APP (DB) No.341 of 2018(15) dt.02-05-2025 4/5
6. On the other hand, learned counsel for the State opposes the prayer for bail and submits that co-convicts have been granted bail after completion of 10 to 11 years of custody, whereas, the custody of the appellant is less than eight years.
7. Having heard rival submission of the parties and taking into consideration the fact that co-convicts have been granted bail by this Court and appeal is not likely to be taken up for hearing in near future, we are inclined to suspend the sentence and release the appellant on bail during the pendency of this appeal, subject to payment of a fine of Rs. 5,000/-.
8. Accordingly, the execution of sentence and realization of fine, during the pendency of this appeal, shall remain suspended.
9. Let the appellant, above named, be released on bail, pending appeal, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Fast Track Court No. II, Gaya, in Sessions Trial No. 26/2017-53/2012 (S.J.) arising out of Belaganj Police Station Case No. 32 of 2011.
Patna High Court CR. APP (DB) No.341 of 2018(15) dt.02-05-2025 5/5
10. I. A. No. 05 of 2024 stands allowed.
(Anil Kumar Sinha, J) ( Chandra Prakash Singh, J) ashwani/-
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