Dablu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7126 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Dablu Paswan S/O Ram Ramakant Paswan R/O Village- Bisikala, P.SDinara, Distt.- Rohtas At Sasaram. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 10209 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Ramakant Paswan Son Of Late Ram Bharat Paswan Resident Of Village - Bisikala, P.S. - Dinara, District - Rohtas At Sasaram ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 82829 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Purnawasi Paswan S/O Ramakant Paswan Resident of village-Bisi Kala, P.S.- Dinara, District-Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 7126 of 2024) For the Petitioner/s :
Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP (In CRIMINAL MISCELLANEOUS No. 10209 of 2024) For the Petitioner/s :
Mr. Dharmendra Singh, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP (In CRIMINAL MISCELLANEOUS No. 82829 of 2024) For the Petitioner/s :
Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
2/5 ORAL ORDER 06-02-2025 Heard Mr. Dharmendra Kumar Singh, (Cr. Misc. No. 7126 of 2024 & Cr. Misc. No. 10209 of 2024), Mr. Rajani Kant Pandey (Cr. Misc. No. 82829 of 2024), learned counsels for the petitioners as well as Mr. Ram Bilash Roy Raman (Cr. Misc. No. 7126 of 2024), Mr. Bhanu Pratap Singh (Cr. Misc. No. 10209 of 2024), Mr. Anil Kumar (Cr. Misc. No. 82829 of 2024), learned A.P.P. for the State.
2. The petitioners seek bail in connection with Chainpur P.S. Case No. 307 of 2023, FIR dated 27.09.2023 registered for the offence under Sections 302 and 201 of the Indian Penal Code.
3. The case relates to an unknown dead body which was found from a canal.
4. Learned counsel appearing for the petitioners submit that the petitioners are innocent and they have falsely been implicated in this case. He further submits that the alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. He further submits that the petitioners have not been named in the F.I.R., the name of the petitioners have been transpired in this case during the investigation on the basis of the confessional statement of the co-accused person, namely, Ramakant Paswan (petitioner in Cr.
3/5 Misc. No. 10209 of 2024) and thereafter the petitioners have also confessed their guilt in the present occurrence. He further submits that petitioner, namely, Dablu Paswan (Cr. Misc. No. 7126 of 2024) is husband of the deceased, petitioner, namely, Ramakant Sharma (Cr. Misc. No. 10209 of 2024) is father-inlaw of the deceased, petitioner, namely, Purnawasi Paswan (Cr. Misc. No. 82829 of 2024) is brother-in-law of the deceased. He further submits that except the suspicion, nothing has come during the investigation to suggest the involvement of the petitioners in the present occurrence. He further submits that the charge-sheet has been framed against the petitioners on 13.09.2024. Petitioner, namely, Dablu Paswan (Cr. Misc. No. 7126 of 2024) is in judicial custody since 31.10.2023, petitioner, namely, Ramakant Paswan (Cr. Misc. No. 10209 of 2024) is in judicial custody since 03.10.2023 and petitioner, namely, Purnawasi Paswan (Cr. Misc. No. 82829 of 2024) is in judicial custody since 29.12.2023.
5. Learned A.P.P. for the State, on the other hand, vehemently opposed the prayer for bail of the petitioners and submit that petitioner, namely, Dablu Paswan is husband of the deceased and rests are in-laws of the deceased and apart from that petitioners in Cr. Misc. No. 7126 of 2024 and Cr. Misc. No.
4/5 10209 of 2024 carry one more case other than the present one but fairly submits that the aforesaid petitioners are on bail in the pending matter.
6. Considering the aforesaid facts that except the confessional statement of the petitioners nothing has come during the investigation to suggest the involvement of the petitioners in the present occurrence as well as period of custody, let the, above named, petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 2nd Bhabua, Kaimur in connection with Chainpur P.S. Case No. 307 of 2023 with the following conditions:- (i) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.
(ii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5/5 And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T