Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16509 of 2024 Arising Out of PS. Case No.-143 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Jitendra Paswan Son of Late Basudeo Paswan Resident of Village- Garuari, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-05-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Bakhtiyarpur P.S. Case No. 143 of 2018, registered for the offences punishable under Sections 302,201, 34 of the Indian Penal Code.

3. The accused/petitioner is named in the F.I.R. and is in custody since 05.04.2023.

4. The allegation against the petitioner is to commit murder of daughter of informant along with co-

Patna High Court CR. MISC. No.16509 of 2024(3) dt.17-05-2024 2/3 accused persons/family members, who is the wife of coaccused/brother-in-law namely Lav Kush Paswan, where occurrence is alleged to be arises due to opposing the work of petitioner and his family members by deceased who were engaged themselves in the work of toddy peddler.

5. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is brother-in-law of the deceased who is living separately with deceased and her husband much before the occurrence, having no connection with their daily and domestic affairs. The allegation appears very much general and omnibus. The thrust of allegation is available against her husband Luv Kush Paswan. It is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposed the prayer for bail.

Patna High Court CR. MISC. No.16509 of 2024(3) dt.17-05-2024 3/3

7. Considering the aforesaid facts and circumstances and the fact that the petitioner is brother-in-law who claims living separately with deceased and her husband coupled with the fact that charge-sheet has already submitted, accordingly, above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st Barh, Patna, where the case is pending in connection with Bakhtiyarpur P.S. Case No. 143 of 2018, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Sudha/- U T