Faujdar Paswan @ Faujdar Ram @ Faudar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18966 of 2023 Arising Out of PS. Case No.-21 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== FAUJDAR PASWAN @ FAUJDAR RAM @ FAUDAR PASWAN LATE TAPESHWAR RAM @ LORIK PASWAN VILLAGE MANIK PRASI PS KARAKAT DIST -ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23603 of 2023 Arising Out of PS. Case No.-21 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== DHANU PASWAN @ DHANU RAM son of Late Fauzdar Paswan @ Fauzdar Ram VILLAGE MANIK PARASI PS KARAKAT (GODARI)DIST ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 18966 of 2023) For the Petitioner/s :
Mr. Sunil Kumar Singh No.10, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP (In CRIMINAL MISCELLANEOUS No. 23603 of 2023) For the Petitioner/s :
Mr. Sunil Kumar Singh No.10, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-05-2023 Heard learned counsel for the parties.
The petitioners have renewed their prayer for bail in connection with Karakat P.S. Case no. 21 of 2021 registered under sections 302 and 34 of the Indian Penal Code. The petitioners are said to have assaulted the son of
Patna High Court CR. MISC. No.18966 of 2023(3) dt.03-05-2023 2/3 the informant leading to his death. The cause of occurrence is said to be love affair with the daughter of the petitioner Dhanu Ram.
Learned counsel for the petitioners submits that the earlier application for bail of the petitioners were rejected vide order dated 14.9.2021 (Annexure-1) passed in Cr. Misc. no.14042 of 2021.
It is submitted by learned counsel for the petitioners that admittedly there are no eye witness to the occurrence. The petitioners have been falsely implicated in the case. The petitioners are old men suffering from various ailments. They are in custody since 27.1.2020 and undertake to cooperate in the trial. There is no progress whatsoever in the learned trial Court. Heard learned A.P.P. for the State.
A report was called for from the learned trial Court. As per the report received contained in letter dated 12.4.2023 of the Additional District and Sessions Judge-18, Rohtas, Sasaram, summons have been issued for appearance of the witnesses, however, no witness on behalf of the prosecution has been examined till now.
Having heard learned counsel for the parties and taking into consideration the allegations in the FIR,
Patna High Court CR. MISC. No.18966 of 2023(3) dt.03-05-2023 3/3 investigation in the case having concluded, the petitioners having remained in custody for more than 3 years together with not a single witness having been examined on behalf of the prosecution, the Court directs both the petitioners to be enlarged on bail in connection with Karakat P.S. Case no. 21 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-18, Rohtas, Sasaram.
(Partha Sarthy, J) Bibhash U