Krishan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60434 of 2022 Arising Out of PS. Case No.-286 Year-2018 Thana- UJIYARPUR District- Samastipur ====================================================== KRISHAN KUMAR PASWAN Son of Shiv Sagar Paswan Resident of Village- Rampur Samthu, P.S.- Angarghat, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

As per allegation in the FIR., the informant got information in the morning that his son who was sleeping near the temple was found injured and blood was oozing out of his mouth. He was taken for treatment but died soon thereafter. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of personal enmity and village politics. Neither petitioner is named in the FIR nor any cogent evidence got against him. Similarly

Patna High Court CR. MISC. No.60434 of 2022(3) dt.23-03-2023 2/2 situated co-accused Ram Babu Paswan has already been granted bail by a coordinate Bench of this Court vide order dated 26.07.2021 passed in Cr. Misc. No 72072 of 2019. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 03.09.2019. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the above said facts and custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ujiarpur. P.S. Case No. 286 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of 2nd, Additional Sessions Judge, Samastipur.

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