Aajad Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54879 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- PIPRA District- Supaul ====================================================== Aajad Kumar Paswan Son Of Shivachandra Paswan R/V- Belokhara P.SPipra, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 398, 302, 307, 120(B) of the Indian Penal Code and Sections 25(1-b)A, 27, 35 of Arms Act.

The prosecution case in nutshell is that six unknown criminals entered into the shop of the son of informant, namely, Govind Kumar and started looting on the point of gun and on protest culprit fired which hit the son of informant due to which he succumbed to injuries.

Patna High Court CR. MISC. No.54879 of 2022(2) dt.17-01-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 28.05.2022. the petitioner is not named in F.I.R. and the name of petitioner sprang up on the basis of confessional statement of co-accused, namely, Sambhu Sah, Sharban Kumar and Santosh Sharma. No any incriminating article has been recovered from the conscious possession of the petitioner. Moreover, similarly situated several co-accused persons have been granted Bail by the co-ordinate Benches of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection

Patna High Court CR. MISC. No.54879 of 2022(2) dt.17-01-2023 3/3 with Pipra P.S. Case No. 33 of 2021 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 Chief Judicial Magistrate VI, Supaul.

(Sunil Kumar Panwar, J) nirajkrs/- U T