Sita Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48905 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== SITA RAM PASWAN SON OF LATE SRIKANT PASWAN R/O VILLAGE AND P.O.- ANTAUR, P.S.- BAHERA, DISTRICT- DARBHANGA . ... Petitioner/s

Versus

THE STATE OF BIHAR .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 201 read with 34 of the Indian Penal Code.

As per the prosecution case, the co-accused persons murdered the informant's mother with a tangi and took her body on a tractor in order to conceal the evidence. It is alleged that the petitioner had also gone with the co-accused persons on the tractor with a spade in his hand.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.48905 of 2022(2) dt.09-12-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the allegation against the petitioner is that he was present on the tractor with a spade in his hand. The co-accused person has already been granted by the co-ordinate bench vide order dated 23.09.2022 passed in Cr. Misc No. 17977 of 2022. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.04.2022.

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

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, 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, Darbhanga in connection with Bahera P.S. Case No. 222 of 2021. The application stands allowed.

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