Kari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65805 of 2023 Arising Out of PS. Case No.-536 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== KARI PASWAN S/O UPENDAR PASWAN R/O VILLAGE- BIHAT KHERAJI TOLA, P.S- BARAUNI, DISTT.- BEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302, 201, 34 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they after committing murder of the informant's son threw his dead body in a ditch. It is also alleged that due to money dispute the petitioner had threatened wife of the informant to kill her son.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to money dispute. The informant is not an

Patna High Court CR. MISC. No.65805 of 2023(3) dt.05-01-2024 2/2 eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner. It is further submitted no consistent evidence has come out against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 09.11.2023 passed in Cr. Misc. No. 72352 of 2023. The petitioner is languishing in judicial custody since 10.05.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial 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 Begusarai Muffasil P.S. Case No. 536 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Begusarai.

(Sunil Kumar Panwar, J) manishkumar/- U