Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57330 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- TISIAUTA District- Vaishali ====================================================== Shambhu Paswan Son Of Late Mahendra Paswan Resident Of Village- Nari Kala, P.S- Tisiouta, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 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 connection with Tisiauta P.S. Case No. 43 of 2022 registered under Sections 302, 201 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he has killed the younger son of the informant. It is further alleged that after killing the informant's younger son, the petitioner has thrown the corpse in order to hide it.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. It is further submitted that petitioner is neither named in FIR nor has any witness who has taken his name during the investigation of this

Patna High Court CR. MISC. No.57330 of 2022(2) dt.02-02-2023 2/2 case. The name of the petitioner came into light in this case on the basis of confessional statement of co-accused Mohit Paswan, which has got no evidentiary value in the eye of law. Similarly situated other co-accused, namely, Teja Paswan has already been granted bail by this Court vide order dated. 17.01.2023. in Cr. Misc. No. 55668 of 2022. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 19.05.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Tisiauta P.S. Case No. 43 of 2022 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 A.C.J.M-XVI, Vaishali at Hajipur.

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