Patna High CourtCR. MISC./36954/2024bail granted

Kari Paswan v. The State Of Bihar

2024-07-31Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36954 of 2024 Arising Out of PS. Case No.-573 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== Kari Paswan Son of Rajendar Paswan @ Rajo Paswan Resident of VillageRupnagar, Ward No.- 5, P.S.- Barauni, Chakiya, Dist. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Barauni Chakia Police Station Case No. 573 of 2023 registered for the offence under Sections 302, 120(B) / 34 of the Indian Penal Code.

3. As per the allegation in the FIR, on 09.11.2023 at about 01:35 PM, three FIR named accused persons including the petitioner assaulted the informant's son inside Nursing Home behind Durga Asthan and killed him. These accused persons committed the said occurrence with the help of other FIR named accused who is operator of the Nursing Home.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. He further submits that

Patna High Court CR. MISC. No.36954 of 2024(3) dt.31-07-2024 2/2 informant is not an eye-witness of the alleged occurrence and from the entire case diary, it appears that there is no eye-witness of the alleged occurrence and from perusal of the post mortem report, it appears that the deceased died due to Neurogenic and hemorrhagic shock. He next submits that the petitioner is in custody since 30.01.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni Chakia P.S. Case No. 573 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T