Kaushal Kumar @ Lalu Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19061 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== Kaushal Kumar @ Lalu Kumar Paswan S/O Arun Bhagat @ Arun Kumar Bhagat Resident of village- Rajapakar, P.S.- Rajapakar, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for an offence punishable under Sections 317(4), 317(5) 3(5) of the BNS.

3. As per allegation in the FIR, on 06.01.2025 informant alongwith other police personnel went for patrolling and they got a secret information that some persons are going to commit big crime after which they started vehicles checking upon which they saw three miscreants riding on a black pulsar motorcycle were trying to escape on seeing the police, who were later apprehended by the police and after interrogation one of the apprehended person disclosed the name of the present petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that petitioner is not named in the FIR. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 06.02.2025. He further submits that name of the petitioner has been transpired from the confessional statement of the co-accused, namely

Patna High Court CR. MISC. No.19061 of 2025(2) dt.16-04-2025 2/2 Ajit Kumar after which petitioner has been arrested by the police. He further submits that petitioner has got one criminal antecedent in a case lodged in connection with Branti P.S. Case No.415 of 2022 in which police has already submitted final form as not sent up for trial.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, submission of the learned counsel for the petitioner as well as the fact that name of the petitioner has been transpired from the confessional statement of another co-accused and no incriminating article has been recovered from the conscious possession of the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Rajapakar P.S. Case No.03 of 2025.

(Ramesh Chand Malviya, J) Harshita/- U T