Rahul Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14687 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- ROSHANGANJ District- Gaya ====================================================== Rahul Paswan S/o Kail Paswan Resident Of Village- Nawada, P.S.- Roshanganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Advocate For the State :

Mr.Satyendra Prasad, APP For the Informant :

MR. Vijay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Roushanganj P.S. Case No. 107 of 2024 registered for the offences under Sections 103(1) and 3(5) of the BNS and Section 27 of the Arms Act.

3. As per prosecution case, father of the informant was shot dead by unknown miscreants and the name of the petitioner transpired during investigation for being involved in killing of the father of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been named in this case on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.14687 of 2025(4) dt.02-07-2025 2/3 Abhay Kumar and thereafter the confessional statement of the petitioner was also recorded. Nothing incriminating has been recovered from the person or possession of this petitioner and whatever recovery has been made, it has been made from the house of co-accused Abhay Kumar. Except for suspicion and confessional statement, there is no material against the petitioner. Petitioner is having clean antecedent. Petitioner is in custody since 20.09.2024 and charge-sheet has been submitted.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the clean antecedent of the petitioner coupled with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sherghati, Gaya/concerned court in connection with Roushanganj P.S. Case No. 107 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

Patna High Court CR. MISC. No.14687 of 2025(4) dt.02-07-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T