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Patna High CourtCR. MISC./29695/2025allowed

Binod Paswan v. The State Of Bihar

2025-05-19Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29695 of 2025 Arising Out of PS. Case No.-11 Year-2007 Thana- KARPI District- Arwal ====================================================== Binod Paswan Son of Chandeshwar Paswan Resident of Village- Nevana Sarmaspur, P.S.- Karpi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-05-2025 Heard Mr. Arvind Prasad Singh, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that the petitioner along with others accused persons has committed two murders.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.29695 of 2025(2) dt.19-05-2025 2/3 Learned counsel for the petitioner has submitted that from perusal of Annexure-P/1 it will transpire that the petitioner was granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 1546 of 2010. He has further submitted that petitioner is a poor fellow and he went out of the State for his livelihood and could not do proper pairvi that is why his bail bond was cancelled. From perusal of the trial court's order, it is clear that the trial court has rejected the bail of the petitioner on merits. Be that as it may, as the petitioner was already granted bail by a co-ordinate Bench of this Court, it seems to be a case of misuse. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.11.2024.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Karpi P.S. Case No. 11 of 2007 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.29695 of 2025(2) dt.19-05-2025 3/3 amount each to the satisfaction of learned Additional District and Sessions Judge-I, Arwal with a condition that the petitioner shall be present on each and every date till the disposal of the case.

(Ashok Kumar Pandey, J) Shubham/- U T