Patna High CourtCR. MISC./49309/2024dismissed

Babunand Paswan v. The State Of Bihar

2024-07-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49309 of 2024 Arising Out of PS. Case No.-825 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Babunand Paswan Son of Late Narsingha Paswan R/O Vill.- Dharhara, P.s.- Ara Town, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-07-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 302, 201/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner had accompanied the deceased on his motorcycle and when the informant searched for the deceased, the petitioner took the informant to the place where the dead-body of the deceased was found and the hands of the deceased were tied.

4. During investigation, it has come that the petitioner, deceased and another co-accused used to consume smack every day and on the day of occurrence, all three of them were taking smack and in course of taking smack, there was a

Patna High Court CR. MISC. No.49309 of 2024(2) dt.24-07-2024 2/2 fight between them and petitioner and co-accused demanded money from the deceased and on refusal they killed him.

5. Learned counsel for the petitioner submits that there no material against the petitioner to connect him with the crime. Petitioner is in jail since 27.12.2023 and has clean antecedent.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the fact that the petitioner had taken the informant to the place where the dead body of the deceased was found and the hands of the deceased were tied, I am not inclined to grant bail to the petitioner.

8. Accordingly, this application for regular bail is rejected.

(Sandeep Kumar, J) Shishir/- U