Pawan Kumar @ Pawan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64499 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- THAWE District- Gopalganj ====================================================== 1.
Pawan Kumar @ Pawan Kumar Singh Son of Munnilal Singh Resident of Village- Jagdishpur, Ps- Thawe, Dist- Gopalganj 2.
Pintu Singh @ Pintu Kumar son of Musafir Singh Resident of VillageJagdishpur, Ps- Thawe, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Prasad, Advocate For the Opposite Party/s :
Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-11-2025 Heard the parties.
2. The petitioners seek bail in connection with Thawe P.S. Case No. 31 of 2025 registered for the offence under Sections 61(2), 103, 238 of BNS.
3. The petitioners are named in the F.I.R. and are in custody since 25.06.2025.
4. As per FIR, petitioners alongwith other accused persons killed twin daughter of the informant aged about 5 years by filling soil in their mouth.
5. Learned counsel appearing on behalf of the petitioners submitted that though informant projected herself to be an eye witness of the
2/4 occurrence but upon careful perusal of FIR, it appears that she raised alarm to call co-villagers after seeing the dead body of her daughters. As per FIR, she came near to the dead body of her daughters after fleeing of accused persons from the place of occurrence, she found both of them dead. Beside aforesaid, it is submitted that inquest report of both deceased daughters was prepared much earlier then FIR. It is submitted that other co-accused person namely Munnilal Singh was in inimical term with family of informant for which Thawe P.S. Case No. 289 of 2024 was lodged. It is submitted that considering overall aspect of this case and enmities, learned co-ordinate Bench of this Court granted bail to one of the co-accused namely Munnilal Singh through Cr. Misc No. 40084 of 2025 dated 24.09.
2025 and also one learned co-ordinate Bench of this Court granted bail to similarly situated coaccused persons namely Sudama Devi and Malti Devi through Cr. Misc No. 38019 of 2025 dated 08.08.2025.
3/4 submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that the allegation of collective fatal assault is available against these petitioners, however, he could not disputed that similarly situated co-accused persons has already granted bail by different co-ordinate Benches of this Court.
7. In view of aforesaid factual submission and by taking note of fact as similarly situated coaccused persons has already granted bail by different co-ordinate Benches of this Court, coupled with fact that investigation of this case already completed where petitioners are in custody since 27.06.2025, accordingly petitioners above named, are directed to be released on bail in connection with Thawe P.S. Case No. 31 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
4/4 (Chandra Shekhar Jha, J) tusharika/- U T