Laljee Paswan @ Lalji Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64136 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Laljee Paswan @ Lalji Paswan Son Of Late Radha Paswan VillageSewarahan Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Harsidhi P.S. Case No. 180 of 2023 registered under sections 302, 147, 148, 149, 341, 337 and 338 of the Indian Penal Code.
3. As per prosecution case, the informant states that her husband was killed by smashing his head with stone/brick. It is from what he was wearing that he was identified. The informant further states that there was some dispute between her husband and the seven named accused persons besides others with respect to transaction of money.
4. Learned counsel for the petitioner submits that the petitioner has not been named in the F.I.R. No suspicion has been raised against him. The name of the petitioner transpired in
Patna High Court CR. MISC. No.64136 of 2023(3) dt.06-12-2023 2/2 course of investigation through a spy in paragraph no. 72 of the case diary. No incriminating article has been recovered from the petitioner to connect him with the alleged crime and the F.I.R named accused Bullet Manjhi @ Lalan Manjhi has been granted bail vide order dated 21.07.2023 passed in Cr.Misc.no. 41406 of 2023. The petitioner is in custody since 29.4.2023.
5. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the petitioner not having been named in the F.I.R, his name transpiring in course of investigation, grant of bail to the above named co-accused who is named in the F.I.R, the petitioner being in custody since 29.4.2023 and charge sheet having been submitted in this case, the petitioner is directed to be enlarged on bail in connection with Harsidhi P.S. Case No. 180 of 2023, 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 Chief Judicial Magistrate, East Champaran at Motihari.
(Partha Sarthy, J) Harsh/- U