Shawan Kumar@Shawan Kumar Paswan @Shawan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54990 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Shawan Kumar@Shawan Kumar Paswan @SHAWAN Paswan Son Of Ramnandan Paswan Resident Of Village And P.S. - Khodawandpur, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshu Dhar Sharma, Adv.
For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Khodawandpur P.S. Case No. 245 of 2023, registered for the offences punishable under Sections 302, 120-B, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, on the alleged date and time of occurrence, this petitioner along with other co-accused persons took away younger brother of informant on the pretext of purchasing a mobile, and in the evening, the information was received by informant that his younger brother, namely, Dhiraj Kumar had been murdered by gunshot.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.54990 of 2024(3) dt.25-10-2024 2/2 petitioner is innocent and has falsely been implicated in this case due to village politics. Petitioner is not named in the FIR. His name transpired during course of investigation merely on the basis of confessional statement of co-accused Nitish Kumar. During investigation, none of the witnesses have attributed any specific role to this petitioner. Police after thorough investigation submitted charge-sheet. He is in custody since 30.01.2024.
5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail.
6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 245 of 2023.
(Prabhat Kumar Singh, J) utkarsh/- U T