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Patna High CourtCR. MISC./46242/2025bail granted

Ramashish Kumar @ Ramashish Paswan v. The State Of Bihar

2025-09-11Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46242 of 2025 Arising Out of PS. Case No.-207 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Ramashish Kumar @ Ramashish Paswan S/o Jate Shankar Paswan @ Jatashankar Hazara Resident of Village - Ward No 9, village- Dhankutawa, PS- Balthar, Dist- west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vatsal Verma, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Shikarpur P.S. Case No. 207 of 2025 registered for the offences under Sections 103, 61(2) and 3(5) of the BNS and Section 27 of the Arms Act.

3. As per prosecution case, husband of the informant was shot dead by four miscreants. Name of the petitioner transpired during investigation for being involved in the murder of the husband of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has not been involved in the alleged occurrence. FIR was initially registered against

2/4 two named co-accused persons and 4 unknown persons. Subsequently, during investigation it came to the notice that the informant herself was a conspirator in the murder of her husband and she, with the help of co-accused persons, got her husband murdered. One Bhogal Mukhiya @ Sachin Kumar was found to be in illicit relationship with the informant and it has also come during investigation that this person and other coaccused persons were involved in the said occurrence. The name of the petitioner transpired in the confessional statement of Bhogal Mukhiya and Chandan Paswan. Except for this confessional statement, there is no substantive material to connect the petitioner with the offence as alleged. Even in the CCTV footage, petitioner has not been seen.

There is no eyewitness to the whole occurrence and nothing incriminating has been recovered from this petitioner though recovery has been made at the instance of other co-accused persons. Petitioner is being made a scapegoat in this case at the instance of other coaccused persons as the petitioner was not on good terms with co-accused Bhogal Mukhiya as he was earlier employee with him and left the job. Petitioner is in custody since 20.02.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

3/4

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that the name of the petitioner transpired during investigation in the confessional statement of co-accused and at the instance of this co-accused murder weapons have been recovered.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of substantive material to connect the petitioner with the offence as alleged and further considering no recovery of any incriminating article from the petitioner and also considering the period of custody of the petitioner along with his clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, West Champaran, Bettiah/concerned court in connection with Shikarpur P.S. Case No. 207 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on

4/4 each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T