Chandan Paswan @ Tuntun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12578 of 2023 Arising Out of PS. Case No.-338 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== Pradeep Paswan Son Of Late Surendra Paswan R/O Village- Maghra, P.S.- Deep Nagar, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29110 of 2023 Arising Out of PS. Case No.-338 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== Chandan Paswan @ Tuntun Paswan S/O Raja Ram Paswan Resident Of Village- Birpur, P.S.- Barbigha, District- Sheikhpura. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 12578 of 2023) For the Petitioner/s :
Mr.Ritesh Kumar For the Opposite Party/s :
Mr.Suman Kumari Singh (In CRIMINAL MISCELLANEOUS No. 29110 of 2023) For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code.
2/4 As per the prosecution case, the informant had disclosed that he used to talk with his daughter almost everyday but his mobile was switched off since 02.10.2020. After 3 days, he felt some foul play and reached to the house of his daughter which was closed but bad smell was coming from the said house then, he reached to the police station and with the help of police, opened the door and have seen that murder of his daughter, son-in-law and their 2 daughters took place. The informant has filed this case against the entire family members of deceased Ravi Kumar on the basis of suspicion.
It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners are not named in the F.I.R and their names subsequently sprang up on the basis of confessional statement of coaccused Biren Paswan and except confession, no consistent material evidence has come against the
3/4 petitioners and only on the basis of suspicion, the petitioners have been roped in the present case. There is no eye witness to the occurrence. The F.I.R has been lodged after three days of the occurrence without explaining the delay. The petitioners are languishing in custody since 11.10.2021. Moreover, co-accused Biren Paswan has been granted bail by a coordinate Bench of this Court vide order dated 01.12.2022 passed in Cr. Misc. No. 38888 of 2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.
Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Sessions
4/4 Judge, Nalanda at Biharsharif in connection with Deep Nagar P.S. Case No. 338 of 2020(Sessions Trial No. 69 of 2021).
(Sunil Kumar Panwar, J) Shageer/- U T