Durgesh Kumar Paswan @ Durgesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2124 of 2023 Arising Out of PS. Case No.-523 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Durgesh Kumar Paswan @ Durgesh S/O Bindeshwari Paswan Resident Of Village- Nilkanthnagar, P.S.- Ishakchak, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution case, an unknown persons informed the informant that pursuant to a road accident, her husband has been admitted to Mayaganj Hospital, Bhagalpur. Thereafter, the informant along with her family members rushed to hospital and there she found the dead body of her husband. It is further alleged that the informant suspects and named the accused persons have killed her husband either by means of stick/rod or by hitting a vehicle.

Patna High Court CR. MISC. No.2124 of 2023(4) dt.24-08-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Informant is not an eyewitness of the occurrence. During investigation, the name of the petitioner has come into light, on the basis of suspicion and confessional statement of co-accused Golu Kumar, which has got no evidentiary value in the eyes of law. There is no consistent evidence and no eye-witness of the alleged occurrence to show that petitioner has involved in the said occurrence. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 18.07.2022.

5. The application for bail is opposed by learned APP for the State and submitted that the petitioner is named in the FIR and the Postmortem report corroborated the prosecution case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court

Patna High Court CR. MISC. No.2124 of 2023(4) dt.24-08-2023 3/3 below in connection with Bhagalpur Kotwali P.S. Case No. 523 of 2022.

(Sunil Kumar Panwar, J) arish/- U T