Lalit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10730 of 2023 Arising Out of PS. Case No.-20 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== Lalit Paswan Son Of Baishakhi Paswan R/O Village- Marar, Ward No.10, P.S.- Rahika, 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. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364, 302, 201,120B/34 of the Indian Penal Code.

The prosecution case in shot is that the informant's daughter, aged about 3 years, was traceless and on search, the dead body of the daughter of the informant has been found from the trunk.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. From perusal of FIR, there is no specific allegation alleged against the petitioner regarding murder of the informant's daughter. It is further submitted that co-accused namely, Kavita

Patna High Court CR. MISC. No.10730 of 2023(2) dt.19-04-2023 2/2 Devi confessed her guilt in her confessional statement and no any consistent evidence has come against this petitioner during investigation. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused persons have already been granted bail by this Court vide order 2.2.2023 passed in Cr. Misc. No. 44799 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 4.7.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rahika P.S. Case No. 20 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani, Dist- Madhubani.

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