Umesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7246 of 2024 Arising Out of PS. Case No.-87 Year-2020 Thana- SALIMPUR District- Patna ====================================================== 1.

Umesh Paswan, Son Of Arjun Paswan, R/O-Saidpur, P.S.-Salimpur, Distt.- Patna 2.

Jitan Paswan @ Jitan Paswan Paswan, Son Of Umesh Paswan, R/O-Saidpur, P.S.-Salimpur, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with ST No. 104/2023 (arising out of Salimpur P.S. Case No. 87/2020) lodged on 31.03.2020 under Section 302/341 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against four named accused persons including the petitioners raising strong suspicion therein that all the accused persons including the petitioners have killed the wife of informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. In fact,

Patna High Court CR. MISC. No.7246 of 2024(2) dt.17-02-2024 2/2 petitioner no.1 is the full brother while petitioner no.2 is the nephew of the informant. He further submits that from the content of the FIR, it is crystal clear that there is no eye witness to the alleged occurrence and one of the similarly situated person has been granted bail by a coordinate Bench of this Court vide order dated 08.12.2023 passed in Criminal Miscellaneous No. 78802/2023. The petitioners are in custody since 10.10.2022 having no criminal antecedent. Moreover, the chargesheet has already been filed.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ-III, Barh, Patna in connection with ST No. 104/2023 (arising out of Salimpur P.S. Case No. 87/2020), subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T