Lalan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.810 of 2023 Arising Out of PS. Case No.-94 Year-2021 Thana- BISHUNPUR District- Darbhanga ====================================================== Lalan Paswan Son Of Kailash Paswan R/V- Shivdaspur, P.S.- Bishanpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bishanpur P.S. Case No. 94 of 2021 registered under sections 302, 201, 120(B) and 34 of the Indian Penal Code and Section 27 of Arms Act. It is a case of commission of murder of the son of the informant. It is alleged against the petitioner that he killed the son of the informant in conspiracy with other co-accused persons, namely, Pawan Paswan and Madan Paswan.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The informant is not the eye witness of the alleged occurrence. As per F.I.R, there is general and omnibus allegation against the

Patna High Court CR. MISC. No.810 of 2023(2) dt.27-03-2023 2/2 petitioner and two other co-accused persons to have killed the son of the informant. Nothing incriminating article has been recovered from the possession of the petitioner. He is languishing in judicial custody since 12.10.2021. Moreover, co-accused persons, namely, Pawan Paswan and Madan Paswan who are alleged to have killed the son of the informant along with this petitioner have already been granted bail by the different coordinate Bench of this Court vide order dated 03.11.2022 in Cr. Misc. No. 23432 of 2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bishanpur P.S. Case No. 94 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge X, Darbhanga.

(Sunil Kumar Panwar, J) shubham/- U T