Kishundeo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5056 of 2025 Arising Out of PS. Case No.-310 Year-2020 Thana- KHAIRA District- Saran ====================================================== Kishundeo Paswan Son of Paras Paswan Residet of Village- Dhirhwara Raipatti, P.S.- Dhighwara, District- Saran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Singh For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Khaira P.S. Case No. 310 of 2020 dated 13.10.2020 registered for the offences punishable under Sections 307 read with Section 34 of the I.P.C. and Section 27 of the Arms Act.
3. As per the prosecution case, on 12.10.2020 at about 5.00 P.M., the informant, namely, Jai Kishore Manjhi was returning to his home and as soon as he reached on the road in front of the house of Mahesh Sah, two unknown persons riding on an Apache Motorcycle came and shot him which hit the informant on his back and bleeding started. Thereafter, unknown persons fled away towards Khodaibagh. In the meantime,
Patna High Court CR. MISC. No.5056 of 2025(3) dt.19-03-2025 2/3 labourers working with him came and took him to P.H.C., Nagra for his treatment and from where he was referred to Sadar Hospital, Chapra.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the F.I.R. has been registered against unknown. The petitioner is not named in the F.I.R. His name has surfaced in the present case on the basis of the confessional statement of the co-accused Shyam Sundar Paswan which has got no evidentiary value in the eye of law. Similarly situated co-accused has already been granted bail by this Court vide Cr. Misc. No. 86352 of 2024 under order dated 09.01.2025. The petitioner has no criminal antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 30.09.2024.
5. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd, Saran at
Patna High Court CR. MISC. No.5056 of 2025(3) dt.19-03-2025 3/3 Chapra/Successor Court in connection with Khaira P.S. Case No. 310 of 2020, corresponding to Sessions Trial No. 602 of 2021.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T