Shibu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3649 of 2023 Arising Out of PS. Case No.-222 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== SHIBU PASWAN Son of Late Gyan Chandra Paswan Resident of village - Antaur, P.S. - Bahera, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Jha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-04-2023 This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 302 and 201/34 of the Indian Penal Code registered in connection with Bahera P.S.Case No. 222 of 2021 (S.T.No.205 of 2022). As per allegation, the informant received an information that his father (co-accused Dilip Paswan) along with other family members including the petitioner killed the mother of the informant.

The learned counsel for the petitioner has submitted that the petitioner is the father of Dilip Paswan and father-in-law of the deceased. He has no concern with day-today affairs of the husband and wife and his son, co-accused

Patna High Court CR. MISC. No.3649 of 2023(2) dt.06-04-2023 2/3 Dilip Paswan has confessed his guilt and has stated categorically that he had committed the murder of his wife by inflicting axe blows. He has submitted further that the informant has subsequently filed an affidavit that it was co-accused Dilip Paswan, who inflicted axe blows on the person of the deceased, causing her death. On similar footing other accused persons have been granted anticipatory bail by a coordinate Bench of this Court in Cr.Misc. No.17977 of 2022.

Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge Benipur, Darbhanga in connection with Bahera P.S.Case No.222 of 2021 (S.T.No.205 of 2022), subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of

Patna High Court CR. MISC. No.3649 of 2023(2) dt.06-04-2023 3/3 the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) HR/- U T