Niranjan Paswan @ Patri @ Mujaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26814 of 2024 Arising Out of PS. Case No.-466 Year-2018 Thana- BARARI District- Katihar ====================================================== Niranjan Paswan @ Patri @ Mujaffar son of Late Munna Paswan R/o- Chasa Tola Ps- Muffasil Sahebganj Dist- Sahebganj Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is accused in connection with Barari P.S. Case No. 466 of 2018 registered under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution story, in brief, is that while the informant along with her son was sitting at her door, in the meantime, FIR named accused persons came to the house of the informant and lifted her son and later on the informant learnt that the dead body of her son is lying at diyara.

4. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case due to local politics and ulterior motive of the police. Further submission is that petitioner has not been named

Patna High Court CR. MISC. No.26814 of 2024(3) dt.26-04-2024 2/2 in the FIR. Some other accused persons have been named with the allegation of taking away the son of the informant and later killing him. After a considerable lapse of time, it came to light during investigation that the petitioner is a member of the Mohan Thakur gang and therefore he has also been suspected of having taken part in the commission of the murder. Further he submits that similarly situated co-accused Fulo Mahto has already been granted regular bail by a co-ordinate Bench of this Court vide order dated 06.01.2021 passed in Cr. Misc. No. 35095 of 2020. It is lastly submitted that the police after investigation has submitted the final form. The petitioner is under custody since 11.07.2023.

5. Having considered the above facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Barari P.S. Case No. 466 of 2018.

(Prabhat Kumar Singh, J) utkarsh/- U T