Sanoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66938 of 2022 Arising Out of PS. Case No.-376 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== SANOJ PASWAN Son of Late Naresh Paswan Resident of Village and P.O.- Tetri, P.S.- Naugachia, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 302, 328, 307, 379 and 201 read with section 34 of the Indian Penal Code. As per the prosecution case, the informant's younger brother along with his mother proceeded to village Tetri. On their not returning home, he started searching them but they could not to be found. Subsequently, after inquiry and with the

Patna High Court CR. MISC. No.66938 of 2022(2) dt.23-03-2023 2/3 assistance of the police on breaking open the door of the house of Ranjana Devi, the informant's mother was recovered in a semi-conscious state. Subsequently, the dead body of his brother was also recovered.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no eye witness in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Ravi Kumar. Similarly situated co-accused has already been granted bail by the co-ordinate bench vide order dated 06.01.2023 passed in Cr. Misc. No. 16075 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.08.2022.

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

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, Naugachia, Bhagalpur in connection with Naugachia

Patna High Court CR. MISC. No.66938 of 2022(2) dt.23-03-2023 3/3 P.S. Case No. 376 of 2021.

The application stands allowed.

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