Nageshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18559 of 2023 Arising Out of PS. Case No.-188 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== Nageshwar Paswan, Son Of Prashid Paswan, aged about 50 years, Resident Of Village Prataptand Purvi, PS Bhagwanpur, District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Kumar, Advocate For the State :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 188 of 2021 dated 28.08.2021 registered for the offence punishable under Sections 120(b), 302 and 201 of the Indian Penal Code.

As per the prosecution case, during patrolling the police personnel got information that two dead bodies were recovered from the pond. Upon identification of the dead body, the relatives of both the accused persons were made accused in the F.I.R. including the petitioner.

Learned counsel for the petitioner submits that petitoiner is neither a family member of the deceased nor relative any way and he has falsely been implicated in this case on the basis of confessional statement of co-accused due to

Patna High Court CR. MISC. No.18559 of 2023(2) dt.16-05-2023 2/2 village politics. Learned counsel submits that the petitioner is neither named in the F.I.R. nor there is any eye witness to the said occurrence. The petitioner has no criminal antecedent and is in custody since 19.11.2022.

Learned counsel for the petitioner further submits that similarly situated co-accused persons in this case have been granted regular bail by Co-ordinate Benches of this Court vide orders dated 07.12.2022, 22.02.2023 and 18.10.2022 in Cr. Misc. No. 34 of 2022; Cr. Misc. No. 101 of 2022; Cr. Misc. No. 62286 of 2022 and Cr. Misc. No. 2207 of 2022 respectively. Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 188 of 2021.

(Sunil Dutta Mishra, J) P. Kumar U T