Anandi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15651 of 2023 Arising Out of PS. Case No.-34 Year-2001 Thana- BHADAUR District- Patna ====================================================== Anandi Paswan Son Of Late Lothu Paswan R/V- Phatehchand, P.S- Barh, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Premchandra Yadav For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 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 302, 201, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the allegation against the accused persons including the petitioner is that they after committing murder of the informant's nephew threw his body in river.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. The informant is not an eye witness of the alleged

Patna High Court CR. MISC. No.15651 of 2023(4) dt.23-08-2023 2/2 occurrence and no specific allegation levelled against the petitioner rather he is a sole bread earner of his family due to which he was not present in his village at the time of occurrence. It is further submitted that except suspicion no consistent material has come out against the petitioner. Moreover, he is languishing in judicial custody since 07.10.2022.

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 Bhadaur P.S. Case No. 34 of 2001 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Barh Patna.

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