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Patna High CourtCR. MISC./15850/2024bail granted

Kaushal Kumar @ Kaushal Paswan v. The State Of Bihar

2024-03-13Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15850 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- GOH District- Aurangabad ====================================================== Kaushal Kumar @ Kaushal Paswan S/o Ramanand Paswan R/o VillageGhejna, P.S.- Goh, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Goh P.S. Case No.291 of 2023 registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Allegation against the petitioner is to have committed murder of father of the informant by means of causing firearm injury along with other co-accused persons. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that petitioner is not named in the FIR, where, his name surfaced on the basis of

Patna High Court CR. MISC. No.15850 of 2024(2) dt.13-03-2024 2/2 self confessional statement. It is also submitted that it appears from perusal of FIR that informant and mother of informant, namely, Sumitra Devi did not named this petitioner in the present FIR. It is submitted nothing incriminating articles have been recovered from possession of this petitioner during course of investigation, which may connect him with the present set of occurrence. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 11.12.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Goh P.S. Case No.291 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad.

(Ramesh Chand Malviya, J) S.Katyayan/- U T