Jitendra Prasad @ Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80893 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Piyush Paswan @ Karu S/o Rambachan Paswan @ Bacchan Paswan @ Bachan Paswan @ Achan Paswan R/o Village - Kamaldah, P.S - Paraiya, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 89516 of 2025 In CRIMINAL MISCELLANEOUS No.34723 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Jitendra Prasad @ Jitendra Paswan Son of Sudama Paswan @ Sudama Prasad R/o village -Kamalpur P S- Chakand District -Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 80893 of 2025) For the Petitioner/s :

Mr.Aryan Singh, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP (In CRIMINAL MISCELLANEOUS No. 89516 of 2025) For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-02-2026 Cr. Misc. No. 80893 of 2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Magadh University P.S. Case No.142 of 2024 registered for the offences punishable under Sections 103 (1), 3(5), 61 of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') and Section 27 of the Arms Act.

3. The accused/petitioner is not named in the FIR and

Patna High Court CR. MISC. No.80893 of 2025(2) dt.06-02-2026 2/3 is in custody since 17.07.2025.

4. As per FIR, the son of the informant was murdered by three unknown co-accused persons by gun shot injury.

5. It is submitted by learned counsel appearing for the petitioner that the name of this petitioner transpired during the course of investigation out of confessional statement of apprehended co-accused person, namely, Ram Bachan Paswan, in furtherance of which, no incriminating material recovered/surfaced as to connect the petitioner prima facie with present occurrence of murder. It is pointed out that petitioner was not put on T.I.P. as yet. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence and, moreover, the petitioner found involved in one more criminal case, where he is on bail.

6. Learned APP opposed the prayer of bail.

7. In view of aforesaid factual submissions and by taking note of fact as prima facie save and except suspicion arising out of confessional statement of apprehended co-accused person, nothing incriminating appears as to connect the petitioner with present occurrence of murder, coupled with the fact that investigation of this case is already completed, where petitioner

Patna High Court CR. MISC. No.80893 of 2025(2) dt.06-02-2026 3/3 remains in custody since 17.07.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-XIX, Gaya Ji, in connection with Magadh University P.S. Case No.142 of 2024 subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

Cr. Misc. No. 89516 of 2025

1. In view of statement made on affidavit through present modification petition that petitioner was found involved in one more criminal case, where he is on bail, the para-8 of the Cr. Misc. No. 34723 of 2025 dated 10.10.2025 be ignored by the learned trial court.

2. This order as passed in present modification petition be treated as part of order dated 10.10.2025 passed in Cr. Misc. No. 34723 of 2025.

(Chandra Shekhar Jha, J) veena/- U T