Suraj Paswan @ Bhanu @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25529 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Suraj Paswan @ Bhanu @ Suraj Kumar, S/o Sukhu Singh @ Suku Singh @ Sukku Singh, R/o Badki Babhani, P.S.- Magadh University, Dist.- Gaya. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar, Advocate Mr. Aryan Singh, Advocate For the State :
Mr. Uday Chand Prasad, APP For the Informant :
Mr. Alekh Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Magadh University P.S. Case No.142 of 2024 registered for the offences punishable under Sections 103 (1), 3(5), 61 of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') and Section 27 of the Arms Act.
3. The accused/petitioner is not named in the FIR and is in custody since 08.01.2025.
4. As per FIR, the son of the informant was murdered by three unknown co-accused persons by gun shot injury.
Patna High Court CR. MISC. No.25529 of 2025(3) dt.29-07-2025 2/3
5. It is submitted by Mr. Manish Kumar, learned counsel appearing for the petitioner that the name of this petitioner transpired during the course of investigation out of confessional statement of apprehended co-accused person, namely, Bijali Paswan, in furtherance of which, no incriminating material recovered/surfaced as to connect the petitioner prima facie with present occurrence of murder. It is submitted that said co-accused Bijali Paswan has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.15616 of 2025 dated 15.05.2025. It is pointed out that petitioner was not put on T.I.P. as yet. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence and moreover the petitioner is a man of clean antecedent.
6. Learned APP duly assisted by Mr. Alekh Anand, learned counsel appearing for the informant while opposing the prayer for bail submitted that beside confession of coaccused Bijali Paswan, the name of petitioner also transpired
Patna High Court CR. MISC. No.25529 of 2025(3) dt.29-07-2025 3/3 in the confessional statement of co-accused Ram Bachan Paswan.
7. In view of aforesaid factual submissions and by taking note of fact as prima facie save and except suspicion arising out of confessional statement of apprehended coaccused person, nothing incriminating appears as to connect the petitioner with present occurrence of murder, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 08.01.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Gaya in connection with Magadh University P.S. Case No.142 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T