Vashudeo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5302 of 2025 Arising Out of PS. Case No.-336 Year-2021 Thana- PIPRA District- Supaul ====================================================== Vashudeo Paswan Son of Late Mahendra Paswan Resident of VillageSakhua, Ward No. -4, P.S.- Pipra, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Balkrishna Mishra, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 412 of 2022, arising out of Pipra P.S. Case No. 336 of 2021 registered for the alleged offences under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the grandfather of the informant was shot dead in the night and informant named a few co-accused persons for being involved in the murder of the grandfather. The name of the petitioner transpired as an accused during investigation.
4. Learned counsel for the petitioner submits that the
2/4 petitioner is innocent and has been falsely implicated in this case. The petitioner has been named in this case on the basis of confessional statement of co-accused Shiv Shankar Paswan, Chandan Devi and Ajit Kumar. The petitioner worked outside the State to earn his livelihood and it appears he has been made accused in this case due to village politics. The petitioner is alleged to be one of the conspirators but there is no material to connect the petitioner with the offence as alleged. The petitioner was not having knowledge about the charge sheet being submitted against him and as soon as he came to know about the same, he surrendered before the learned trial court on 22.08.2024. The charge sheet has been submitted and petitioner is having clean antecedent.
Learned counsel further submits that co-accused Shiv Shankar Paswan, who named this petitioner and against whom there is allegation of shooting at the grandfather of the informant, has been granted bail by a Coordinate Bench vide order dated 21.06.2023 passed in Cr. Misc. No. 5676 of 2023. Another co-accused Chandan Devi has been granted bail by another Co-ordinate Bench vide order dated 27.09.2022 passed in Cr. Misc. No. 37753 of 2022. The case of the petitioner is on betting footing.
5. Learned APP opposes the submission made on
3/4 behalf of the petitioner. Learned APP submits that the name of the petitioner transpired during investigation for being involved in the murder of grandfather of the informant.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of substantive material against the petitioner showing involvement in the alleged occurrence and also considering the period of custody, submission of charge sheet and clean antecedent of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Supaul/concerned Court in connection with Sessions Trial No. 412 of 2022, arising out of Pipra P.S. Case No. 336 of 2021, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three
4/4 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T