Satish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4832 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Satish Paswan, Son of Late Laldeo Paswan, Resident of Village- Maghamalpur, P.S.- Khushrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Khushrupur P.S. Case No. 30 of 2022 registered under sections 302/201/34 of the Indian Penal Code and Section 27 of Arms Act.

As per allegation in the FIR, on 09.02.2022 at about 7.30 PM, when the mother of the informant had gone to natural call, it is alleged that all the 12 F.I.R. named accused persons including the petitioner, took her in the house of co-accused Bidhi Paswan and thereafter killed her by cutting her neck. It is submitted on behalf of the petitioner that specific allegation of cutting the neck of informant's mother is against coaccused Dayanand Paswan. So far as the petitioner is concerned, there is no allegation of any over act against him and he has been

Patna High Court CR. MISC. No.4832 of 2023(3) dt.01-05-2023 2/2 falsely implicated in this case due to village politics. It is further submitted that informant is not eye-witness of the occurrence and only on suspicion, his name has been dragged in the present case. There is no any incriminating article has been recovered from the conscious possession of the petitioner. Similarly situated other persons have already been enlarged on bail vide order dated 28.03.2023 passed in Cr. Misc. No. 3444 of 2023. The petitioner is languishing in judicial custody since 11.02.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Khushrupur P.S. Case No. 30 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Patna City.

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