Vijay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38090 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== Vijay Paswan Son Of Ramashray Paswan @ Ramashary Paswan VillageMaheshpur, Ps- Bhagwanpur, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the State :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Bhagwanpur P.S. Case No. 238 of 2023 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. As per prosecution case, unknown persons have assaulted the informant son due to which he died during the course of the treatment.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR, the name of the petitioner has figured in this case on the
Patna High Court CR. MISC. No.38090 of 2024(2) dt.22-05-2024 2/2 basis of confessional statement of co-accused person namely Vikas Kumar @ Sajal Kumar. He further submits that the petitioner has got clean antecedent and he is in custody since 22.12.2023 and other co-accused persons have already been granted bail by this Court and other learned coordinate Bench of this Court vide orders dated 19.03.2024 passed in Cr. Misc. No. 377 of 2024 and 13.03.2024 passed in Cr. Misc. No. 15780 of 2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the First Informant Report, impugned order dated 29.04.2024 and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate First Class, Begusarai in connection with Bhagwanpur P.S. Case No. 238 of 2023.
(Ramesh Chand Malviya, J) vinayak/- U T