Shyamdeo Paswan @ Shyam Dev Paswan @ Ayush Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44879 of 2025 Arising Out of PS. Case No.-107 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Shyamdeo Paswan @ Shyam Dev Paswan @ Ayush Paswan S/o Ram Avtar Paswan R/o Village- Lal Bandari Punarwas, P.S.-Lal Bandari, DistrictMalangwa, Sarlahi, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Laukahi P.S. Case No. 107/2023 dated 19.04.2023 corresponding to G.R. No. 689/2023 dated 19.04.2023 registered for the offence punishable u/s 395 and 397 of the Indian Penal Code, sections 3 and 4 of the Explosive Act and Section 27 of the Arms Act.

3. As per the prosecution case, the informant woke him in the late night on 18.04.2023 raising fire alarm. When the informant went down then he saw that few unknown miscreants are using gas cutter for cutting the gate. When the informant tried to escape with his family then the miscreants pulled his

Patna High Court CR. MISC. No.44879 of 2025(2) dt.30-07-2025 2/3 father and wife inside the house and made them captive. It is further alleged that they not only assaulted them but also robbed the Almirah. Seeing this the informant rushed for help and when he reached near a temple then he saw two police personnel whom he informed about the dacoity. Thereafter, Laukahi SHO was informed. Meanwhile, the miscreants continued to fire and the informant along with police personnel hide to save themselves. Thereafter, the police arrived, but the firing continued from the other side due to which his father got injured whom he took to Primary Health Center, Laukahi for treatment. When the informant went back to his house he saw that all household items were scattered and ornaments were looted from the Almirah.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Indal Paswan. The petitioner has no concern with the alleged occurrence. The petitioner has four antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 20.06.2024.

Patna High Court CR. MISC. No.44879 of 2025(2) dt.30-07-2025 3/3

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 107/2023 dated 19.04.2023 corresponding to G.R. No. 689/2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T