Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78324 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.

Ashok Paswan S/o Parichhan Paswan @ Pariksh Paswan R/o vill - Dariyapur, P.S.- Belaganj, Dist.- Gaya 2.

Pankaj Paswan @ Pankaj Kumar S/o Parichhan Paswan @ Pariksh Paswan R/o vill - Dariyapur, P.S.- Belaganj, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Magadh University P. S. Case No. 43 of 2025, dated 16.02.2025, registered for the offence punishable under Section 309(4) of the BNS.

3. As per prosecution case, some unknown persons have looted the cash of Rs. 1,33,020/-.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is further submitted that co-accused has already granted bail

Patna High Court CR. MISC. No.78324 of 2025(2) dt.03-12-2025 2/3 by the Co-ordinate Bench of this Court vide order dated 29.08.2025 passed in Cr. Misc. No. 59550 of 2025. It is also submitted that petitioners are in judicial custody since 06.05.2025.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.

6. On perusal of the FIR and impugned order, it appears that petitioners are not named in FIR their name transpired in this case on the self confessional statement. Nothing recovered from the conscious possession of the petitioners and no Test Identification Parade was conducted by the Investigating Officer during investigation. Moreover, Co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 29.08.2025 passed in Cr. Misc. No. 59550 of 2025.

7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, VIII, Gaya in

Patna High Court CR. MISC. No.78324 of 2025(2) dt.03-12-2025 3/3 connection with Magadh University P. S. Case No. 43 of 2025, subject to the condition that petitioners shall physically present each and every date fixed by the trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J) Mayank/- U T