Jai Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45190 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.
Jai Kumar Paswan Son Of Ranjit Paswan Village- Narayanwati PsSanokhar Dist- Bhagalpur 2.
Ranjit Paswan Son Of Late Khairu Paswan Village- Narayanwati PsSanokhar Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.
2. Heard learned counsel for the petitioners and learned A.P.P for the State.
3. The petitioners have preferred this application for grant of regular bail in connection with S.T. Case No. 455 of 2023 vide GR No. 6048 of 2022 arising out of Sanokhar P.S. Case No. 293 of 2022 dated 21.12.2022 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioners and the
Patna High Court CR. MISC. No.45190 of 2023(3) dt.08-09-2023 2/3 co-accused persons along with 6-7 unknown persons are alleged to have beaten the informant's brother to death.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is no specific allegation against the petitioners. There is general and omnibus allegation against the petitioners. There is no eye witness to the alleged occurrence. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 30.05.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with S.T. Case No. 455 of 2023 vide GR No. 6048 of 2022 arising out of Sanokhar P.S. Case No. 293 of 2022, with the condition/s:- (i) The court below shall verify the criminal antecedent of the petitioners and at any stage, if it is found that
Patna High Court CR. MISC. No.45190 of 2023(3) dt.08-09-2023 3/3 the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T