Bharat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18428 of 2023 Arising Out of PS. Case No.-21 Year-2021 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== Bharat Paswan S/O Marahi Paswan @ Marhi Paswan Resident Of VillageSabar P.S.- Karamchat, District- Kaimur At Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Karamchat P.S. Case No. 21 of 2021 registered for the offence under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, while the informant was going along with her husband on a motorcycle and her husband stopped at a Pan shop, in the meantime, the petitioners along with other co-accused came there and fired upon her husband, as a result of which, her husband sustained injury. He was, thereafter, taken to

Patna High Court CR. MISC. No.18428 of 2023(2) dt.12-05-2023 2/3 the hospital where doctor declared him died.

Learned counsel for the petitioner submits that the petitioner is innocent and he has committed no offence. He have falsely been implicated in this present case due to previous enmity between the parties. The petitioner has been made accused in this case since he is eye witness in a murder case where the deceased and others were made accused. The petitioner was not arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 08.07.2022. In contra, learned APP appearing for the State has vehemently opposed the prayer for bail of the petitioner.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Karamchat P.S. Case No. 21 of 2021

Patna High Court CR. MISC. No.18428 of 2023(2) dt.12-05-2023 3/3 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-XI, Kaimur, Bhabua.

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