Jeewach Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14262 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

JEEWACH PASWAN S/O LATE RAMESHWAR PASWAN R/oKabirchak, Purvi Tola, Bahadurpur P.S., District- Darbhanga 2.

GAJJU PASWAN S/O JEEWACH PASWAN R/o- Kabirchak, Purvi Tola, Bahadurpur P.S., District- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abu Nasar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 328, 302 read with Section 34 of the Indian Penal Code.

As per prosecution case, petitioners along with others under conspiracy murdered the son of the informant by administering poision.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to

Patna High Court CR. MISC. No.14262 of 2023(3) dt.16-05-2023 2/3 dirty village politics. They has committed no offence. Petitioners is the father-in-law and brother-in-law of the deceased. The deceased was a habitual alcoholic. A criminal case for consumption of liquor was also registered against him in the past, due to this excessive consumption, the informant's son died. There is no consistent evidence and no eye-witness, only on the basis of suspicion, the name of these petitioners have come into light. As per postmortem report, the doctor has not disclose about the cause of death. He further submitted that the others co-accused have already been granted bail by a Coordinate Bench vide order dated 10.05.2023 passed in Cr. Misc. No. 13979 of 2023. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 07.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.14262 of 2023(3) dt.16-05-2023 3/3 Court of SDJM, Darbhanga in connection with Bahadurpur P.S. Case No. 375 of 2022.

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