← Library
Patna High CourtCR. MISC./80043/2023allowed

Ranjan Paswan @ Legra Paswan @ Lengara Paswan v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80043 of 2023 Arising Out of PS. Case No.-156 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== Ranjan Paswan @ Legra Paswan @ Lengara Paswan S/O Chhotan Paswan @ Chhote Lal Paswan R/O Village- Kalyanpur Harijan Tola, P.S- Barahiya, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, brother of the informant, namely, Rajesh Singh (deceased) had gone at night to mango orchard to keep vigil over it. On next when he did not return till 7 a.m., her sister gone there to search him. She found that his brother was lying in the pool of blood and it appears from his body that he received bullet injury over his head . Informant has strong belief about the indulgence of accused, namely, Jito Mandal, Nirgun Mandal, Rohan Mandal, Teni Mandal and

Patna High Court CR. MISC. No.80043 of 2023(2) dt.13-12-2023 2/3 Pramod singh.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. No specific overt act is against the petitioner. No one is the eye witness of the alleged occurrence. Only on the basis of confessional statement of apprehended accused Teni Mandal, the name of the petitioner has been dragged in the present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Moreover, after prevailing good sense, the matter has been compromised between the parties and petitioner has annexed the compromise petition as Annexure-P/3 to the petition. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 5.5.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM,

Patna High Court CR. MISC. No.80043 of 2023(2) dt.13-12-2023 3/3 Lakhisarai in connection with Barahiya P.S. Case No. 156 of 2022.

(Sunil Kumar Panwar, J) sushma/- U