Dingar Paswan @ Birendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31837 of 2025 Arising Out of PS. Case No.-463 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Dingar Paswan @ Birendra Paswan son of Late Bihari Paswan Village -Kagzi Mohalla, PS and Distt -Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33326 of 2025 Arising Out of PS. Case No.-463 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Raju Paswan @ Raju Kumar S/o Ram Babu Ram @ Ram Babu Paswan R/o Vill.- Jawahar Bigha, P.S.- Arwal, Distt.- Arwal Second Address Vill.- Kagji Mohalla, P.S.- Arwal, Distt.- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33651 of 2025 Arising Out of PS. Case No.-463 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== 1.
Chipu Paswan @ Chitu Paswan son of Naresh paswan Resident of Kaghzi mohalla ward no 20, Baidrabad, muradpur Hujra Ps- Arwal, Dist- Arwal 2.
Golu Kumar @ Rocky Kumar son of Ranjeet Kumar @ Ranjit Chandrawanshi Resident of Kaghzi mohalla ward no 20, Baidrabad, muradpur Hujra Ps- Arwal, Dist- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 31837 of 2025) For the Petitioner/s :
Mr. Paras Nath, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP (In CRIMINAL MISCELLANEOUS No. 33326 of 2025) For the Petitioner/s :
Mr. Parashuram Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 33651 of 2025) For the Petitioner/s :
Mr. Dheeraj Kumar, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
2/4 ORAL ORDER 19-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek regular bail in connection with Jehnabad P.S. Case No. 463 of 2024 registered for the offences under Sections 302, 201 and 120(B) of the Indian Penal Code.
3. As per the prosecution case the allegation against the petitioners is that they had killed the son of the informant who had gone out. It has further been submitted that the body of the son of the informant was found concealed beneath the sand loaded truck.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case and from mere perusal of the FIR the allegation is general and omnibus and nothing has been alleged against the petitioners. Learned counsel has further submitted that there is no eye witness to the occurrence and even during the course of investigation nothing has come to connect the petitioners with the aforesaid incident. It has further been submitted that even the postmortem report does not support
3/4 the case of the prosecution. The learned counsel has pointed out that similarly situated co-accused persons namely Kallu Kumar, Langda @Rakesh Paswan and one another accused have already been granted bail by the coordinate Benches of this Court. There is no eye witness to the occurrence. It is lastly submitted that petitioner Dinger Paswan has antecedent of one criminal case in which he is on bail, petitioners Raju Paswan and Chipu Paswan have clean antecedent and petitioner Golu Paswan has antecedent of one criminal case and they are languishing in custody since 23.03.2025.
5. Learned counsel for the State has opposed the prayer for bail of the petitioner.
6.
Considering the aforesaid facts and circumstances of the case and taking into account the fact that during the course of investigation nothing has come to connect the petitioners with the aforesaid incident and similarly situated co-accused persons Kallu Kumar, Langda @Rakesh Paswan and one another accused have already been granted bail by the coordinate Benches of this Court, let the petitioners above-named be enlarged on bail
4/4 on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehnabad P.S. Case No. 463 of 2024 subject to the conditions that a. One of the bailors of the petitioners shall be their close relative.
b. The petitioners shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioners in similar nature of offence, the bail bond of the petitioners will be liable to be canceled by the Court concerned.
d. And further condition that the court below shall verify the criminal antecedents of the petitioners and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) Prakash/- U