Banti Paswan @ Banti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50964 of 2025 Arising Out of PS. Case No.-178 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Banti Paswan @ Banti Kumar S/o- Raj Kumar Paswan R/o- Village- Lakho Ward No.8 PS- Muffasil District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-07-2025
1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no.11 of 2025, arising out of Begusarai Muffasil P.S. Case no.178 of 2020 registered under sections 307, 341, 323, 324, 504, 448, 506, 354 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.
3. As per the prosecution case, while the co-accused Bhushan Paswan is said to have given a khanti blow, the petitioner is said to have given a blow with an iron rod on the head of the informant as a result of which he fell down injured. The informant died in course of treatment about 20 days later on 18.4.2020 and section 302 of the Indian Penal Code was added.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.50964 of 2025(2) dt.25-07-2025 2/3 earlier applications for bail of the petitioner were rejected vide order dated 7.11.2022 passed in Cr. Misc. no.18685 of 2022 and again vide order dated 14.2.2025 passed in Cr. Misc. no.73660 of 2024. It is further submitted that taking into consideration the fact that the co-accused Bhushan Paswan, against whom the allegation is of having given a khanti blow and who was enlarged on bail vide order dated 2.2.2022 passed in Cr. Misc. no.62992 of 2021, liberty was granted to the petitioner to renew his prayer for bail on completing one year in custody. The petitioner has remained in custody for over 1 year since 20.7.2024. Charge has been framed in the learned trial Court and the petitioner undertakes to cooperate in the trial.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, grant of bail to co-accused Bhushan Paswan vide aforesaid order dated 2.2.2022, liberty granted to the petitioner in the earlier order of rejection dated 14.2.2025 and the petitioner having remained in custody for more than 1 year since 20.7.2024, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.11 of 2025 (arising out of Begusarai Muffasil P.S. Case
Patna High Court CR. MISC. No.50964 of 2025(2) dt.25-07-2025 3/3 no.178 of 2020), on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV, Begusarai.
(Partha Sarthy, J) avinash/- U T