Ram Ishwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41311 of 2023 Arising Out of PS. Case No.-433 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Ram Ishwar Paswan S/O Late Sakhichand Paswan R/O Village- Sobhi Dumra, Ps. Ara Mufassil, Dist. Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 302, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner and co-accused persons is that they committed murder of the informant's husband due to land dispute. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land enmity. There is no specific overt-act of murder attributed against the petitioner rather the specific allegation of

Patna High Court CR. MISC. No.41311 of 2023(2) dt.14-07-2023 2/2 committing murder by means of iron rod is against coaccused, namely, Bablu Paswan. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Muffasil P.S. Case No. 433 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate District Bhojpur at Ara.

(Sunil Kumar Panwar, J) Manishkumar/- U T