Rohit Paswan @ Rohit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40240 of 2025 Arising Out of PS. Case No.-419 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== Rohit Paswan @ Rohit Kumar Paswan S/o- Balindra Paswan Village- Chak Baladhari (Balwa Kuvari), PS- Sadar Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Anju Kumari Alias Anju Narain, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Rivilganj P.S. Case No. 419 of 2022 instituted for the offence punishable under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is alleged that on account of land dispute with the informant, the accused named in the FIR had threatened him of dire consequences. With the said intention, they hired professional criminals and under conspiracy killed the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It has been submitted that the petitioner is not named in

Patna High Court CR. MISC. No.40240 of 2025(3) dt.03-09-2025 2/3 the FIR. During investigation the petitioner was arrested and only on the basis of his self confessional statement, he has been made accused in this case. It has further been submitted that except self confessional statement, there is no cogent material against the petitioner. It has been submitted that the named accused persons have been granted bail by this Court as well as by the coordinate Bench of this Court vide Annexure P/2 series. It has also been submitted that the petitioner has been made accused also on the basis of his criminal antecedents. No T.I.P has been conducted to establish the identity of the petitioner in relation to the alleged offence. Petitioner is in custody since 01.10.2024 having antecedent of 14 criminal cases.

5. Learned A.P.P for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran at Chhapra in connection with Rivilganj P.S. Case no. 419 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.40240 of 2025(3) dt.03-09-2025 3/3 properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case. (Khatim Reza, J) Prakash/- U