Bakhora Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83736 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== Bakhora Paswan Son Of Late Gopal Paswan R/O Village- Rustamchak, P.S.- Shakurabad, Dist.- Jehanabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 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 a case registered for the offences punishable under Sections 302, 379/34 of the Indian Penal Code and Section 27 of Arms Act. As per allegation in the FIR, informant's younger brother is alleged to have been killed by the petitioner along with other co-accused persons and his motorcycle has also been vanished by them.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.83736 of 2023(2) dt.05-01-2024 2/3 falsely been implicated in the present case. There is no eye witness of the alleged offence and the name of petitioner sprang up in this case merely on the basis of suspicion. Moreover, the petitioner is languishing in judicial custody since 17.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Bitti Kumar @ Bittu kumar has already been granted bail vide order dated 29.08.2023, passed in Cr. Misc. No. 14509 of 2023 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Shakurabad P.S. Case No. 145 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.83736 of 2023(2) dt.05-01-2024 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jehanabad.

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