Patna High CourtCR. MISC./80082/2023allowed

Chamkar Paswan @ Chamkaur Paswan v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80082 of 2023 Arising Out of PS. Case No.-395 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Chamkar Paswan @ Chamkaur Paswan Son Of Nabab Paswan R/O VillageKapur Pakri, Kathauliya Bazar, P.S.- Sikarganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There was love affairs between the son of informant, namely, Dheeraj Kumar (deceased) and the daughter of Anil Paswan. There is no consistent evidence and no eye-witness of the alleged occurrence to show the complicity of the petitioner. On the basis

Patna High Court CR. MISC. No.80082 of 2023(2) dt.13-12-2023 2/2 of suspicion, the petitioner has been implicated in the present case. Petitioner has got no criminal antecedent as stated in para3 of the bail petition. He is languishing in judicial custody since 23.08.2023.

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 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 S.D.J.M., Sikarhana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 395 of 2023.

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