Tuntun Paswan @ Illa Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11077 of 2023 Arising Out of PS. Case No.-736 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== Billa Paswan @ Sandeep Paswan S/O Vijay Paswan R/O Mohalla- Jawahar Tola, P.S.- Ara Nawada, Distt- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26365 of 2023 Arising Out of PS. Case No.-736 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== Tuntun Paswan @ Illa Paswan Son Of Bindeshwari Kumar @ Markal Paswan Resident Of Village - At Mohalla, Jawahar Tola, P.S. - Ara Nawada, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 11077 of 2023) For the Petitioner/s :

Mr.Awadhesh Kumar Pandey For the Opposite Party/s :

Mr.Vinod Shanker Modi (In CRIMINAL MISCELLANEOUS No. 26365 of 2023) For the Petitioner/s :

Mr.Raju Kumar Singh For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.11077 of 2023(3) dt.12-07-2023 2/3 As per prosecution case, the allegation against the accused persons including the petitioners is that they committed murder of the informant's son due to enmity. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of suspicion. The petitioners have no concern with the alleged occurrence and there is no specific allegation levelled against them. It is further submitted that except suspicion nothing consistent material has come out against the petitioners. Moreover, they are languishing in judicial custody since 28.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ara Nawada P.S. Case No. 736 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.11077 of 2023(3) dt.12-07-2023 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.

(Sunil Kumar Panwar, J) lata/- U T