Raushan Kumar @ Raushan Paswan @ Roushan Paswan @ Sukhal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10254 of 2025 Arising Out of PS. Case No.-413 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Raushan Kumar @ Raushan Paswan @ Roushan Paswan @ Sukhal Paswan S/O Sri Sudama Paswan R/O- Ward no.11, Suraudha Colony, Koilwar, Post and P.S.- Koilwar District- Bhojpur, 802160 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Jha, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-04-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Koilwar P.S. Case no.413 of 2024 registered under sections 109, 308(4), 118(1)(2), 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act.
3. As per the prosecution case, two shots were fired by unknown accused persons on the father of the informant of which one hit him.
4. Learned counsel for the petitioner submits that the FIR was registered against unknown. The petitioner was falsely implicated in course of investigation. The alleged rangdari phone call to the informant's father was traced and it transpired that the mobile from which the call was made belonged to one Nirmal Yadav. On further investigation, the Sim number was
Patna High Court CR. MISC. No.10254 of 2025(4) dt.15-04-2025 2/2 traced to the petitioner. However, one co-accused Rohit Kumar was arrested and his confessional statement was recorded in which it was stated that he along with one Munna Kumar had given effect to the occurrence and the Sim Card of Nirmal Yadav which was being used by Raushan Kumar, was used by Munna Kumar in the occurrence. The petitioner is in custody since 18.10.2024 and undertakes to cooperate in the trial. He has no criminal antecedent prior to this occurrence.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, the confessional statement of co-accused recorded before police together with the petitioner having remained in custody since 18.10.2024 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Koilwar P.S. Case no.413 of 2024 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 C.J.M., Bhojpur at Ara. (Partha Sarthy, J) Saurabh/- U T