Kundan Paswan @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41580 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== KUNDAN PASWAN @ KUNDAN KUMAR Son of Shaudagar Paswan Resident of Mohalla - Patipul, P.S. - Digha, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Dular Sah For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code.

As per allegation in the FIR, an unclaimed dead body was found lying near the bridge. It appears from the dead body that someone had killed him and with intention to wipe off the evidence and threw his dead body far away from the real place of occurrence.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged in the

Patna High Court CR. MISC. No.41580 of 2023(3) dt.04-09-2023 2/2 present case. As per postmortem, no external injury was found over the dead body of the deceased. Doctor opined cause of death due to liver disease. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner is not named in the FIR. Petitioner has got no criminal antecedent and he is languishing in judicial custody since22.3.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya in connection with Magadh University P.S. Case No. 84 of 2023.

(Sunil Kumar Panwar, J) sushma/- U