Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68183 of 2021 Arising Out of PS. Case No.-75 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== CHANDAN PASWAN Son of Jaihind Paswan Resident of Village- Dedaur, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, co-accused, Jitendra Paswan and Lalan Paswan shot dead brother-in-law of the informant.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Kundan Kumar @ Golu. It is submitted that on the alleged date of occurrence this petitioner was in custody in connection with Bakhtiyarpur PS

Patna High Court CR. MISC. No.68183 of 2021(2) dt.03-03-2022 2/2 case No. 131/2020 and save and except confessional statement, there is no materiel against this petitioner. It is next submitted that specific allegation of firing is against other co-accused persons. Petitioner is in custody since 30.07.2021 and investigation in this case is complete.

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

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Barh, Patna in connection with Bakhtiyarpur PS case No.75/2021. (Prabhat Kumar Singh, J) BKS/- U T