Mithilesh Paswan @ Mithles Paswan @ Mithlesh Pawan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25214 of 2025 Arising Out of PS. Case No.-685 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Mithilesh Paswan @ Mithles Paswan @ Mithlesh Pawan son of Anil Paswan R/o village- Bhaddi, Ward no. 20, Patarghat O.P., P.S.- Saur Bazar, At P/AP.S.- Saur Bazar, Dist- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Advocate For the State :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-05-2025 Heard Mr. Amarnath Jha, learned counsel for the petitioner and Mr. Suresh Prasad Singh, learned APP for the State.
2. Petitioner seeks regular bail in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 685 of 2022 dated 20.11.2022 registered for the offences punishable under sections 147, 148, 149, 341, 323 and 302 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that the FIR itself shows that the main allegation is against the co-accused Kaju Paswan, who has been granted the relief of bail by a co-ordinate Bench of this Court vide order dated 20.04.2024 passed in Cr. Misc. No. 27274 of 2024 and the allegation of beating the victim by the petitioner and co-accused persons by using lathi, danda and iron rod does not get support
Patna High Court CR. MISC. No.25214 of 2025(2) dt.02-05-2025 2/3 from the postmortem report of the deceased as on the body of the deceased, no any external injury was found by the doctor and the cause of death could not have been ascertained by the doctor, so, the viscera of the deceased has been kept preserved and sent for chemical examination and in this regard, victim's postmortem report filed as Annexure P2/1 may be perused. It is further submitted that the petitioner has been languishing in jail since 10.09.2024 and against him, the investigation has been completed and as per the allegation, co-accused Kaju Paswan firstly demanded Rs. 1,000/- from the victim and at that time, the said co-accused was in drunken condition and when the victim refused to give the demanded amount then as per allegation co-accused Kaju Paswan pushed him from a small bridge which resulted in his death.
4. Learned APP for the State has opposed the prayer of the petitioner.
5. Considering the aforesaid submissions and mainly the nature of allegation appearing against this petitioner and also his custody period and completion of investigation against him, this Court is inclined to grant the relief of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Twenty
Patna High Court CR. MISC. No.25214 of 2025(2) dt.02-05-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 685 of 2022. (Shailendra Singh, J) Raj Ranjan/- U T