Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54818 of 2025 Arising Out of PS. Case No.-116 Year-2024 Thana- KATRA District- Muzaffarpur ====================================================== Shambhu Paswan S/o Kishuni Paswan R/o Village - Kanti Kashwa, P.S - Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar S.K., Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Katra (Jajuar O.P.) P.S. Case No. 116 of 2024 instituted for the offences under Sections 310(3) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that 8-10 armed culprits allegedly entered the informant's house at midnight, committed dacoity of cash and jewellery, and while fleeing, opened fire, injuring the informant's wife.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.54818 of 2025(5) dt.19-11-2025 2/2 co-accused Chandan Thakur and Manohar Paswan. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.02.2025 and has twenty-one criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that as per the material available in the case diary, this petitioner has himself confessed that it was he who fired upon the informant's wife due to which she died.

6. Considering the aforesaid facts and circumstances of the case as also there being direct material against the petitioner of firing upon the deceased coupled with the fact that petitioner bears twenty-one criminal antecedents, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial. (Rudra Prakash Mishra, J) Alok Verma/- U T