Indal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80892 of 2024 Arising Out of PS. Case No.-95 Year-2022 Thana- PURNAHYA District- Sheohar ====================================================== Indal Paswan, S/O Jimdar Paswan @ Jamdar Paswan, R/O Village-Hathisar, P.S. Purnahiya, District-Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-03-2025 Heard Mr.Sunil Prasad Singh, learned counsel for the petitioner and Mr.Anant Kumar 1, learned APP for the State.
2. The petitioner has prayed for bail in connection with Purnahiya P.S. Case No. 95 of 2022 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.
3. The case of the prosecution is that the son of the informant, namely, Saroj Paswan has gone to the house of his in-laws on 25.05.2022 at 8 A.M. in the morning. It is stated that about 2 months ago his wife has separated with Saroj Paswan and thereupon she left her matrimonial home. It is alleged that about 5 to 6 days ago the brother-in-law of Saroj Paswan has come to the house of informant and invited Saroj Paswan in a marriage ceremony on 22.05.2022 at his residence. The
Patna High Court CR. MISC. No.80892 of 2024(5) dt.03-03-2025 2/3 daughter of the informant was conveyed information by one Vinish Paswan on phone that Saroj Paswan has been badly assaulted by his brother-in-law. When the informant went to the house of in-laws of Saroj Paswan along with villagers, he found only Fudani Paswan there and his sons were absent. It is alleged that Saroj Paswan has been killed by his in-laws.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The name of this petitioner is not there in the F.I.R. His name has come during investigation. The tower location of mobile of this petitioner was found at the place of occurrence. the learned counsel for the petitioner has submitted that as the place of occurrence is his house, it is very natural that tower location of mobile will be found at that place. It has also been submitted that other accused persons of this case have faced trial in Sessions Trial No. 142 of 2022. In that case, this informant has been examined as P.W.-8. In his examination-in-chief, he has stated that he does not know as to how his son died. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 21.09.2024.
Patna High Court CR. MISC. No.80892 of 2024(5) dt.03-03-2025 3/3
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the fact that the name of this petitioner has surfaced in this case only on the basis of mobile location, 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., Sheohar in connection with Purnahiya P.S. Case No. 95 of 2022.
(Ashok Kumar Pandey, J) lata/- U T