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Patna High CourtCR. MISC./82116/2024dismissed

Chipu Paswan @ Chitu Paswan v. The State Of Bihar

2025-01-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82116 of 2024 Arising Out of PS. Case No.-463 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Chipu Paswan @ Chitu Paswan S/O Naresh Paswan R/O Kagazi Mohalla, P.S- Arwal, Dist.- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Jehanabad (Town) P.S. Case No.463 of 2024, registered for the offence punishable u/s 302/ 201/ 120(B) of the IPC. 3.

Allegedly, the petitioner along with other co-accused persons under criminal conspiracy committed murder of the informant's son and concealed his dead body beneath the sand in a loaded truck.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to dirty village politics. No incriminating article has been recovered from the possession of the petitioner to show involvement of the

Patna High Court CR. MISC. No.82116 of 2024(3) dt.31-01-2025 2/2 petitioner in the alleged crime. It is clear from impugned order that the cause of death is cardio respiratory failure due to lack of oxygen. Name of the petitioner transpired only on the basis of suspicion. There is no eye witness in the present case. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that the petitioner is also involved in the present case.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, the petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) priyanka/- U T