Raja Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77407 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Raja Paswan S/O Late Jiwachh Paswan Village- Kabirchak Purvi, Ps. Sadar, Dist. Darbhanga.

2.

Raju Paswan S/O Late Jiwachh Paswan Village- Kabirchak Purvi, Ps. Sadar, Dist. Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 328, 302 and 34 of the Indian Penal Code.

3. As per prosecution case, petitioners along with others co-accused under conspiracy murdered the son of the informant by administering poison.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.77407 of 2023(4) dt.27-02-2024 2/3 that petitioners have been falsely implicated in this case due dirty village politics. They have committed no offence. Petitioners are the in-laws of the deceased. The deceased was a habitual alcoholic. A criminal case for consumption of liquor was also registered against him in the past, due to this excessive consumption, the informant's son died. There is no consistent evidence and no eye-witness, only on the basis of suspicion, the name of these petitioners have come into light. As per postmortem report, the doctor has not disclosed about the cause of death. He further submitted that the others co-accused have already been granted bail by this Bench vide order dated 16.05.2023 passed in Cr. Misc. No. 14262 of 2023. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 25.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.77407 of 2023(4) dt.27-02-2024 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Darbhanga in connection with Bahadurpur P.S. Case No. 375 of 2022. (Sunil Kumar Panwar, J) Arish/- U T