Golu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42163 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- BIHTA District- Patna ====================================================== 1.

GOLU PASWAN Son of Mantu Paswan Resident of Village - Gulamalichak, P.S.- Bihta, Distt.- Patna.

2.

MANTU PASWAN Mantu Paswan Resident of Village - Gulamalichak, P.S.- Bihta, Distt.- Patna.

3.

GANGA VISHUN PASWAN Son of late Chhapit Paswan Resident of Village - Gulamalichak, P.S.- Bihta, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunit Kumar Srivastava For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under Section 302, 328 and some other minor Sections of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons, including these petitioners, assaulted the husband of informant and administered poison to him as a result of which he died.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.42163 of 2021(4) dt.11-04-2022 2/2 the case. It is submitted that informant is not an eye witness of the occurrence. From bare perusal of the FIR it would apparent that she went to the place of occurrence after getting information from the villagers and found her husband in unconscious position. No specific overt act has been alleged against these petitioners and only on suspicion petitioners have been made accused in this case. Petitioners are in custody since 05.02.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Danapur, Patna in connection with Bihta PS case No.97/2021. (Prabhat Kumar Singh, J) BKS/- U T