Mahendra Paswan @ Mahindra @ Mahindra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60200 of 2025 Arising Out of PS. Case No.-207 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== MAHENDRA PASWAN @ MAHINDRA @ MAHINDRA PASWAN S/O Brahmdeo Paswan @ Brahmdev Paswan Resident of Village- Bihana, Police Station- Mahishi (Maisi), District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 755(A) of 2023 arising out of Kuseshwar Asthan (K. Asthan) P.S. Case No. 207 of 2022 dated 09.06.2022 registered for the offence punishable u/s 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the son of the informant had gone for work on 08.06.2022 and in between 0708 PM the informant talked to him through mobile upon which he said that he is on the way and will reach soon but he did not
Patna High Court CR. MISC. No.60200 of 2025(2) dt.10-09-2025 2/3 return. Thereafter, at about 09:15 PM, the informant tried to contact but he did not receive the phone on which informant considered that his son might have stayed and slept on the way. On next day, informant came to know that dead body of his son and his motorcycle was lying on the bank of Koshi river. Further, the informant has alleged that the petitioner and the coaccused persons have killed his son under conspiracy due to land dispute.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The petitioner has no concern with the alleged occurrence. The co-accused, Mithlesh Yadav in his confessional statement has submitted that he fired on the deceased. The other co-accused person has been granted regular bail by the co-ordinate bench of this court vide order dated 02.05.2025 passed in Cr. Misc. No. 12848/2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.04.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Patna High Court CR. MISC. No.60200 of 2025(2) dt.10-09-2025 3/3
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Court concerned, Biraul, Dharbhanga in connection with Sessions Trial No. 755(A) of 2023 arising out of Kuseshwar Asthan (K. Asthan) P.S. Case No. 207 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T