← Library
Patna High CourtCR. MISC./41713/2025bail granted

Balram Paswan v. The State Of Bihar

2025-07-11Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41713 of 2025 Arising Out of PS. Case No.-324 Year-2024 Thana- MAHISHI District- Saharsa ====================================================== Balram Paswan, S/o Hardeo Paswan @ Haridev Paswan, Resident of VillageMakuna, P.S.- Bihra, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-07-2025 Heard Mr. Shekhar Kumar Singh, learned counsel for the petitioner and Mr. Harendra Prasad, learned APP for the State.

2. Petitioner seeks regular bail in connection with Mahishi P.S. Case No. 324 of 2024 dated 30.10.2024 registered for the offences punishable under Sections 126(2), 121(1), 262, 263, 324(4), 132, 109, 317(2), 3(5) of the B.N.S., 2023 and Sections 25(1-B)a, 26, 27, 35, 25(1) and 25(1AB) of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that the petitioner has been languishing in jail since 19.12.2024 and against him, the investigation has been completed and he has been made accused mainly on the basis of confessional statement of co-accused Amit Paswan with whom

Patna High Court CR. MISC. No.41713 of 2025(2) dt.11-07-2025 2/3 the petitioner has enmity on account of some litigation which had run between the petitioner's father and co-accused Amit Paswan's father. After the petitioner was taken into custody, neither any firearm nor any incriminating material showing the petitioner's involvement in the alleged crime has been recovered and he is not alleged to have been apprehended at the spot of crime. It is lastly submitted that though against this petitioner, there is one more police case bearing Mahishi P.S. Case No. 323 of 2024 but in this case he has been granted bail by the learned co-ordinate Bench of this Court vide order dated 07.07.2025 passed in Cr. Misc. No. 40730 of 2025.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the aforesaid submissions advanced by petitioner's counsel and mainly petitioner's custody period and the completion of investigation against him and also, his plea that except the confessional statement of co-accused, Amit Paswan, given before the police, there is no material against him to show his involvement in the alleged crime, in my opinion, it is a fit case for grant of bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

Patna High Court CR. MISC. No.41713 of 2025(2) dt.11-07-2025 3/3 sureties of the like amount each to the satisfaction of the concerned Court in connection with Mahishi P.S. Case No. 324 of 2024.

(Shailendra Singh, J) maynaz/- U T