Pawan Kushwaha @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1580 of 2024 Arising Out of PS. Case No.-8 Year-2021 Thana- MIRGANJ District- Gopalganj ====================================================== Pawan Kushwaha @ Pawan Kumar Son Of Sri Chhotelal Kushwaha @ Chhotelal Prasad Resident Of Village- Harkauli Mirganj, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail registered under section 302, 120B, 506, 34 of the Indian Penal Code.

As per FIR, it is alleged by the informant that the petitioner in connivance with others committed murder of his son by firing due to previous dispute.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous dispute. The informant is not an eye witness of the alleged occurrence, and there is no specific allegation levelled against the petitioner and

Patna High Court CR. MISC. No.1580 of 2024(2) dt.24-01-2024 2/2 during investigation no consistent evidence has been collected against him. Similarly situated co-accuse has already been granted bail by a coordinate Bench of this Court vide order dated 20.03.2023 passed in Cr. Misc. No. 67934 of 2022. It is also submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.04.2023.

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 as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mirganj P.S. Case No. 08 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-XII, Gopalganj.

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