Sanjay Paswan @ Sanjay Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54236 of 2023 Arising Out of PS. Case No.-228 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== SANJAY PASWAN @ SANJAY KUMAR PASWAN Son of Late Gagandeo Paswan Resident of village - Chaita Mai Asthan, P.S. - Pakari Dayal, Distt. - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code.
3. The allegation against the petitioner along with others is of killing the daughter of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is
Patna High Court CR. MISC. No.54236 of 2023(4) dt.02-01-2024 2/3 the husband of the deceased and marriage was solemnized between them in the year 2000. He submitted that the deceased was suffering from weakness and due to which on the alleged date of occurrence i.e., on 15.09.2022, she became serious due to vomiting and loose motion thereafter, she was taken to hospital but in the way she died and then the informant and her family members were informed and they also participated in the last ritual of the deceased, this fact has also come in vide paras74 and 75 of the case diary. There is no consistent evidence and no eye-witness of the alleged occurrence, on the basis of suspicion, petitioner has been falsely implicated in this case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.01.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.54236 of 2023(4) dt.02-01-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pakaridayal P.S. Case No. 228 of 2022.
(Sunil Kumar Panwar, J) Arish/- U T