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Patna High CourtCR. MISC./25257/2025bail granted

Satrudhan Paswan @ Shatrudhan Paswan v. The State Of Bihar

2025-07-28Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25257 of 2025 Arising Out of PS. Case No.-37 Year-2011 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Satrudhan Paswan @ Shatrudhan Paswan S/o Lalo Paswan R/o vill - Pirnagar, P.S.- Nowkothi, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Adv :

Mrs. Namita Sharma, Adv For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Cheriya Bariyarpur P.S. Case No. 37 of 2011 registered for the offences under Sections 394 and 302 of the IPC and Section 27 of the Arms Act.

3. The petitioner is not named in the F.I.R. and is in custody since 28.01.2025.

4. The allegation against the petitioner is to commit murder along with other unknown co-accused persons while committing robbery.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.25257 of 2025(5) dt.28-07-2025 2/3 petitioner submitted that name of petitioner transpires during the course of investigation on the basis of confessional statement of apprehended co-accused namely Babloo Paswan, in furtherance of which, nothing incriminating recovered/surfaced, as to connect this petitioner prima-facie with the present crime in question. It is further submitted that similarly situated persons namely Mahendra Singh & Ranjeet Ram have already granted bail by learned Co-ordinate Benches of this Court through Cr. Misc. No. 11460 of 2013 & Cr. Misc. No. 25026 of 2012, respectively. While concluding the argument it is submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid fact and circumstances as mentioned above and by taking note of fact as save and except suspicion arising out of confessional statement nothing incriminating appears against petitioner and further by taking note of judicial parity as discussed aforesaid, coupled with the

Patna High Court CR. MISC. No.25257 of 2025(5) dt.28-07-2025 3/3 fact as petitioner remains in custody since 28.01.2025, accordingly above named petitioner, is directed to be released on bail in connection with Cheriya Bariyarpur P.S. Case No. 37 of 2011 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. Manjhaul, Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of the B.N.S.S. with further conditions:- (i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T