Jitendra Prasad @ Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34723 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Jiterndra Prasad @ Jitendra Paswan S/o Sudama Paswan @ Sudama Prasad R/o village- Kamalpur, P.S- Chakand, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-10-2025 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 Magadh University P.S. Case No. 142/2024, registered for the offence under Sections 103, 3/5, 61 of the BNS & Section 27 of Arms Act.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 13.11.2024.

4. As per FIR, the son of the informant was murdered by three unknown miscreants by causing gun shot injury.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner transpired during the course of investigation as he was found in conversation with other co-accused persons

Patna High Court CR. MISC. No.34723 of 2025(4) dt.10-10-2025 2/3 as per Call Details Report, whereafter petitioner was apprehended and his self confession was recorded suggesting his involvement. It is submitted that in furtherance of self confession, no incriminating material recovered/surfaced from the petitioner during investigation, which may connect him prima facie, with present crime in question. It is submitted that petitioner was not even put on TIP as yet, despite of having all available occasions for the reasons that the Pintu Prasad who was with deceased son of the informant claimed as an the eye-witness of the occurrence. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, the petitioner is a man of clean antecedent.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as prima facie, except suspicion out of CDR and self confession, nothing incriminating transpired against petitioner during investigation, as to connect him prima facie, with present occurrence of murder, coupled with the

Patna High Court CR. MISC. No.34723 of 2025(4) dt.10-10-2025 3/3 fact that investigation of this case is already completed, where petitioner remains in custody since 13.11.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Magadh University P.S. Case No. 142/2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-XIX, Gaya/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

8. It is directed to learned trial court to verify the criminal antecedent of the petitioner before accepting the bail bond and if he found involved in any criminal case contrary to his statement as made on affidavit, his bail bond shall not be accepted. (Chandra Shekhar Jha, J) veena/- U T