Sunil Paswan @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65274 of 2024 Arising Out of PS. Case No.-157 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Sunil Paswan @ Sunil Kumar Son of Sahdeu paswan Village- Pahsara, PsNawkothi, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Adv For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Nawkothi P.S. Case No. 157 of 2022 dated 23.10.2022 registered for the offences punishable under Sections 302 and 120B of the I.P.C.

3. As per the prosecution case, on 22.10.2022 at about 9.00 P.M., the informant got information that his elder brother, namely, Ajay Paswan, was killed by some unknown miscreants with bricks and stones. Thereafter, he came and found the dead body of his elder brother by the side of his house near the Bajrangbali Asthan.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.65274 of 2024(3) dt.18-10-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the F.I.R. The name of the petitioner was disclosed by the co-acused Ganga Paswan and Mahendra Paswan. It is further submitted that the elder brother of the informant is a criminal minded and he was sent to jail and he was also a habitual drunkard and used to have fights with many people in the locality. There is general and omnibus allegation against the petitioner. No incriminating article has been recovered from his possession. Similar situated co-accused person has already been granted bail by this Court vide order dated 19.09.2024 passed in Cr. Misc. No. 62449 of 2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. As per the para no. 11 of the bail petition the petitioner is in judicial custody since 20.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Begusarai in connection with Nawkothi P.S. Case No. 157 of

Patna High Court CR. MISC. No.65274 of 2024(3) dt.18-10-2024 3/3 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T