Sudama Paswan @ Sudama Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51583 of 2024 Arising Out of PS. Case No.-587 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Sudama Paswan @ Sudama Kumar Son of Manoj Paswan R/o- Slatar House, Champanagar, P.S.- Nathnagar, Dist.- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Nathnagar P.S. Case No. 587 of 2023, instituted for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that, on the alleged date and time, someone informed the informant that dead body of his brother was lying at CTS Campus, Nathnagar. On the basis of the aforesaid information, the informant rushed to the place of occurrence and found that his brother was done to death after cutting his neck.
Patna High Court CR. MISC. No.51583 of 2024(6) dt.14-02-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement made by co-accused, namely, Md. Ismile and the same has got no evidentiary value. There is no eye-witness to the said occurrence. It is next submitted that no specific allegation has been attributed against the petitioner The petitioner is in custody since 13.08.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 18.09.2024 passed in Cr. Misc. No. 49617 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.51583 of 2024(6) dt.14-02-2025 3/3
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nathnagar P.S. Case No. 587 of 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T