Golu Paswan @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80026 of 2024 Arising Out of PS. Case No.-339 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Golu Paswan @ Rajesh Kumar, Son of Kishori Paswan, Resident of Mohalla -Sahi Colony Hajipur, PS- Hajipur Town, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-02-2025 Heard Mr. Bhola Prasad, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State.
2. The petitioner has prayed for bail in connection with Hajipur Town P.S. Case No. 339 of 2024 instituted for the offence under Sections 302 and 34 of the Indian Penal Code.
3. The case of the prosecution is that the informant is a e-rickshaw puller. He has four sons. Youngest one is Aman who is aged about 21 years. He worked as a labourer. He was at house. At about 10.30 P.M. when he was having meals, he received a call from mobile no. 8521798572. After that, he went out of house. The caller has called him somewhere. He did not return till night. On the next day, the informant came to know that a dead body is lying near Jai Prakash Nagar P.S. behined the house of Dr. Sushil
Patna High Court CR. MISC. No.80026 of 2024(3) dt.27-02-2025 2/3 Kumar and has been sent for postmortem at Sadar Hospital, Hajipur. On this informtion at 5.30 P.M., the informant went to the Sadar Hospital, Hajipur and found the dead body of Aman, his son.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has been falsely implicated in the present case. The learned counsel for the petitioner has submitted that though the knife was recovered after the confessional statement of the petitioner but from perusal of the seizure list, it transpires that the copy of same was not handed over to the petitioner. Petitioner is languishing in judicial custody since 23.05.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that during course of investigation, C.C.T.V. footage was seen and in C.C.T.V. footage, the petitioner was seen going with the deceased. In this case, the petitioner has also given his confessional statement and in his confessional statement, he has accepted his guilt and has stated that he has concealed the knife in the bush and from there, the knife was recovered. From perusal of the postmortem report, it transpires that there were seven penetrating wound on the chest going either into the lungs or into heart and the confessional statement of the petitioner is also to the effect that co-accused has
Patna High Court CR. MISC. No.80026 of 2024(3) dt.27-02-2025 3/3 given knife blow to the deceased and he has pushed him.
6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail at this stage and, as such, his prayer for bail stands rejected.
7. Petitioner will be at liberty to renew his prayer for bail after six months, if the trial is not concluded.
8. The trial Court is directed to expedite the trial. (Ashok Kumar Pandey, J) lata/- U T