Rohit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55914 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Rohit Paswan S/O Ramjee Paswan Resident Of Village Bhanpatti P.S Basopatti District Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 341, 302, 504 of the Indian Penal Code.

3. Prosecution case relates to commission of murder of the informant's daughter-in-law while she was coming her house in the meantime, petitioner started assaulted her by lathi and she ran away to save herself but she fell down on wall due to which she sustained injuries and later on she died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-8 of this petition that according to informant, she went at

Patna High Court CR. MISC. No.55914 of 2023(2) dt.05-09-2023 2/2 the place of occurrence after her daughter-in-law fell down on wall of bricks and as she is not an eye witness of the alleged occurrence and also the deceased had never told anything to her regarding the occurrence. It is also submitted that petitioner had no intention to kill the deceased. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Basopatti P.S. Case No. 113 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 5th, Madhubani.

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