Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49383 of 2024 Arising Out of PS. Case No.-430 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Rajesh Paswan Son of Parmanand Paswan Resident of Village - Dholbajja, P.S.- Forbesganj, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 and 34 of the Indian Penal Code.

3. The case of the prosecution is that a dead body was found by the informant during which he gave information. During course of investigation, in para-7 of the diary, one Parwez Alam police personnel has given his statement that the family members of the deceased disclosed him that the petitioner along with others has killed the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. In this case, there is nothing

Patna High Court CR. MISC. No.49383 of 2024(10) dt.08-04-2025 2/2 except the statement of the Parwez Alam and too is hearsay as he has been informed by the family members of the deceased. There is no eye witness to the occurrence. It has also been submitted that in this case, one of the co-accused Dipesh faced trial and he has been acquitted by the trial Court itself. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 28.03.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 released on bail in connection with Forbesganj P.S. Case No. 430 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria.

(Ashok Kumar Pandey, J) Shubham/- U T