Baleshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 11590 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- RUDRAPUR District- Madhubani ====================================================== BALESHWAR PASWAN S/O LATE MAHENDRA PASWAN R/v- Baika, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 325, 504, 307, 506 and 34 of the IPC later on added Section 302 of the IPC. As per FIR, the allegation against 15 named accused persons including the present petitioner is of killing. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. He submitted that from the perusal of the FIR, it appears that petitioner came after the alleged occurrence and he is only order giver to the accused persons to fire on the house of informant and his family members and also told broken the vehicle and

Patna High Court CR. MISC. No. 11590 of 2023(3) dt.16-05-2023 2/2 kill the same with motorcycle. There is no specific overt act against the petitioner. On the basis of suspicion, the name of the petitioner has come into light. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 03.05.2023 passed in Cr. Misc. No. 9508 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 22.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jhanjharpur, Madhubani in connection with Rudrapur P.S. Case No. 142 of 2022. (Sunil Kumar Panwar, J) arish/- U T