Khokhal Paswan @ Arun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63644 of 2022 Arising Out of PS. Case No.-72 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== Khokhal Paswan @ Arun Paswan Son Of Late Ram Paswan R/O VillageManiyarchak Silha, P.S.- Muffassil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Muffasil P.S. Case No. 72 of 2020 registered under sections 302, 201, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case in short is that when the informant was sleeping with her children and her husband, in the meantime, twelve named accused persons including this petitioner entered into her house and caught her husband and son and asked her to tell the whereabouts of her son-in-law, after that they threatened to kill them. It is further alleged that all accused persons dragged her husband and took away from the house and thereafter police told the informant that her husband

Patna High Court CR. MISC. No.63644 of 2022(2) dt.21-02-2023 2/3 was died due to fire arm injury on his head.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on suspicion. It is further submitted that petitioner has no concern with the alleged occurrence and there is no eyewitness of the occurrence. There is no consistent evidence of commission of offence against the petitioner rather the specific allegation of assault is against co-accused Ravish Kumar. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by different co-ordinate Benches of this Court which is mentioned in para-8 of this petition. The petitioner is languishing in judicial custody since 22.08.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case No. 72 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.63644 of 2022(2) dt.21-02-2023 3/3 two sureties of the like amount each to the satisfaction of the learned C.J.M, Munger.

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