Shubham Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57408 of 2024 Arising Out of PS. Case No.-114 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== 1.

Shubham Paswan Son of Yamuna Paswan R/O Vill.- Parasdih, P.S.- Fesar, Dist.- Aurangabad.

2.

Yamuna Paswan Son of Late Ram Briksh Paswan R/O Vill.- Parasdih, P.S.- Fesar, Dist.- Aurangabad.

3.

Savita Devi Wife of Shubham Paswan R/O Vill.- Parasdih, P.S.- Fesar, Dist.- Aurangabad.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms/Mrs. Mukul Kumari, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 302/201/34 of the Indian Penal Code.

3. Informant suspects that petitioners and other accused persons named in the FIR have committed murder of informant's brother due to his love affair with Rinki Kumari.

4. It is submitted on behalf of the petitioners that there is no eye witness of the occurrence and petitioners have been implicated in this case on suspicion. There is delay of 46

Patna High Court CR. MISC. No.57408 of 2024(2) dt.27-09-2024 2/2 days in lodging of the FIR and there is no explanation of delay which itself creates doubt over the veracity of the allegation. In fact, dead body had been recovered by the police from the railway track for which UD case No. 5/2022 dated 11.6.2022 had also been registered. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for bail.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Fesar Police Station Case No. 114 of 2022/GR No.1743 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T