Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24849 of 2025 Arising Out of PS. Case No.-116 Year-2024 Thana- KATRA District- Muzaffarpur ====================================================== Chandan Paswan S/o Vinod Paswan R/o Village- Kanti Kaswa, Police Station- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar S.K.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Katra (Jajuar O.P.) P.S. Case No. 116 of 2024 registered for the offence under Section 310(3) of the Bharatiya Nyaya Sanhita.

3. According to the case of prosecution, it is alleged that on the date of incident, 8-10 unknown persons laced with arms entered in the house of the informant and looted 10-15 lakhs and also some jewelries. It is further alleged that at the time of incident, one of the accused persons fired from his gun due to that wife of the informant got injury and subsequently died.

Patna High Court CR. MISC. No.24849 of 2025(2) dt.01-05-2025 2/3

3. It is submitted by the learned counsel for the petitioner that there is no direct evidence against the petitionerapplicant. He has been arrested only on the basis of confessional statement made by co-accused Chandan Thakur, who has already been granted regular bail by a Co-ordinate Bench of this Court vide its order dated 19.03.2025. He further submits that other accused persons namely, Manohar Paswan and Sukesh Paswan have also been granted regular bail. Lastly, he submits that no TIP of the present applicant has been conducted by the investigating officer, nor any looted articles have been seized from the possession of the present applicant. Therefore, on these grounds, it is prayed that the petitioner may be granted benefit of bail.

4. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

5. Considering the submissions made by the counsel for the petitioner and further considering the fact that the co-accused Chandan Thakur, on the basis of his confessional statement present applicant has been implicated, has already been granted regular bail and further considering the fact that there is no TIP of the present applicant has been conducted, nor any looted articles or amount has been recovered from him, I am

Patna High Court CR. MISC. No.24849 of 2025(2) dt.01-05-2025 3/3 of the view that it is a case where the petitioner should be granted benefit of bail.

6. Accordingly, the application is allowed.

7. The petitioner, above named, 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 3rd Additional Sessions Judge, Muzaffapur in connection with Sessions Trial No. 847 of 2024 arising out of Katra (Jajuar O.P.) P.S. Case No. 116 of 2024.

(Arvind Singh Chandel , J) shailendra/- U T