Rajesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59713 of 2024 Arising Out of PS. Case No.-114 Year-2017 Thana- LAXMIPUR District- Jamui ====================================================== Rajesh Paswan Son of Banarshi Paswan @ Bano Paswan Village- Chinveriya, ps- Laxmipur, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Sinha For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 323, 324, 307, 325, 504/34 of the Indian Penal Code and later on Section 302 of the IPC has been added, registered in connection with Laxmipur P.S. Case No. 114 of 2017.
3. The allegation against the petitioner along with others is of brutally assaulted the informant leading to his death.
4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Learned counsel for the petitioner has provided a xerox copy of the Postmortem report of the deceased
Patna High Court CR. MISC. No.59713 of 2024(2) dt.17-09-2024 2/2 at the time of hearing of this bail application, which shows that no injury was found on the person of the deceased and the cause of death was due to ulcer (Bedsore). He further submitted that the other co-accused namely, Ravindra Yadav has already been granted bail by Court below itself vide order dated 26.04.2022 passed in B.A. No. 265 of 2022. Petitioner is a person of clean antecedent and he is in custody since 11.12.2023.
5. Learned APP for the State has opposed the prayer of bail.
6. Considering the above facts and circumstances of the case as also the fact that no specific overt act alleged against the petitioner and the period of custody undergone by him, let the petitioner, above-named, 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 Addl. Sessions Judge, Jamui in connection with Laxmipur P.S. Case No. 114 of 2017, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.
(Nawneet Kumar Pandey, J) Arish/- U T