Patna High CourtCR. MISC./37500/2024bail granted

Ashok Kumar @ Ashok Paswan v. The State Of Bihar

2024-08-01Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37500 of 2024 Arising Out of PS. Case No.-622 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Ashok Kumar @ Ashok Paswan Son of Ram Ekbal Paswan R/O- Seekhairiya, Ward No.- 1, P.S.- Malangma, District - Sarlahi, Nepal, At present R/O village - Machhil, P.S.- Makhdumpur, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar, Advocate :

Mr. Shubhenkar Raj, Advocate :

Mr. T.N.Siddiqui, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of murder of husband of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that rather his name has transpired on account that the deceased went with the petitioner and one unknown person on his motorcycle besides that there is no whisper against the

Patna High Court CR. MISC. No.37500 of 2024(3) dt.01-08-2024 2/2 petitioner in the FIR. He next submits that the deceased having a dispute with co-accused Satyaveer Singh and Dharamveer Singh for a long time with respect to ancestral property. He next submits that all the witnesses who are examined by the Investigating Officer are hearsay and nobody has seen the petitioner committing the murder of the deceased. Petitioner has got clean antecedent and he is in custody since 04.11.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner 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 learned Additional Sessions Judge-XVI, Gaya in connection with Sessions Trial NO. 258 of 2024 arising out of Belaganj P.S. Case No. 622 of 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T