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Patna High CourtCR. MISC./30350/2023allowed

Mukesh Paswan v. The State Of Bihar

2023-06-12Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30350 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Mukesh Paswan S/O Sri Kuldeep Paswan Resident Of - Bahri, Begampur, Near Raghunath School, P.S. Bypass District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Chowk P.S. Case No. 123 of 2022, registered for the offences punishable under Sections 302, 201, 34 and 120 B of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, co-accused persons namely Rajesh alias Thappa, Rajkumar Paswan and Vinod threatened the father of the informant and told him to stop the construction work of his house. Later on, the informant was informed that his father was shot dead. The informant suspected that the said three named co-accused persons have conspired and murdered his father.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.30350 of 2023(2) dt.12-06-2023 2/2 petitioner is not named in the F.I.R. Petitioner is innocent and has falsely been implicated in this case on the basis of confessional statement of co-accused due to local politics. Coaccused persons namely, Rajesh @ Thappa; Binod Kumar @ Langra and Raj Kumar Paswan have been granted bail by the Coordinate Bench of this Court vide orders dated 16.12.2022, 06.12.2022 and 12.01.2023 in Criminal Misc. No. 55682 of 2022, Criminal Misc. No. 54361 of 2022 and 45148 of 2022 respectively. Petitioner has no criminal antecedent and is in jail custody since 24.02.2023.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna city in connection with Chowk P.S. Case No. 123 of 2022. (Sunil Dutta Mishra, J) ashutosh/- U T