Allowed¶21

Shiv Shankar Paswan v. the State of Bihar

Criminal Miscellaneous – Regular bail – Offences under Sections 302, 120(B)/34 IPC and Section 27 Arms Act

Patna HC27 Sept 2024CR. MISC./39479/2024

Download

Case brief

AI extract

What is this about?

Regular bail; murder; Section 302 IPC; Section 120(B)/34 IPC; Section 27 Arms Act; general and omnibus allegation; clean antecedent; parity with co-accused; concealment of antecedents; conditional bail; cancellation of bail bonds on default; bail bond Rs. 10,000; Patna High Court; Madhubani; Phulparas P.S. Case No. 597 of 2023; CR. MISC. No. 39479 of 2024; Nawneet Kumar Pandey, J.

What did the court decide?

Regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IInd, Jhanjharpur, Madhubani, subject to the condition of appearance in the court below on each and every date fixed in the case. ¶21

Shiv Shankar Paswan Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner, Shiv Shankar Paswan, should be released on regular bail in connection with Phulparas P.S. Case No. 597 of 2023 (Sections 302, 120(B)/34 IPC and Section 27 Arms Act), where the allegation against him is said to be general and omnibus and a co-accused with similar allegations was refused bail for concealing antecedents.

¶12

Court's answer

The petitioner is not the assailant; the allegation against him is general and omnibus, and he is a person of clean antecedent.

¶18

Ratio / Principle

Bail is granted subject to the condition that the petitioner appear in the court below on each and every date fixed; failure to appear on two consecutive dates, unless prevented by extremely adverse circumstances, entitles the court below to cancel the bail bonds.

¶21

Detailed headnote1 paragraphs

Criminal Miscellaneous — Regular bail — Offences under Sections 302, 120(B)/34 IPC and Section 27 Arms Act — Phulparas P.S. Case No. 597 of 2023, District Madhubani — Allegation that 19 accused attacked the informant's house; petitioner alleged to have caught hold of the deceased while co-accused fired the fatal shot — Court found the petitioner was not the assailant, the allegation against him was general and omnibus, and he was a person of clean antecedent — Position distinguished from co-accused Mushaharu Miyan @ Sadre Alam, whose bail in Cr. Misc. No. 45728 of 2024 was rejected because he concealed three antecedents — Bail granted on a bond of Rs. 10,000/- with two sureties of the like amount, conditioned on appearance on every date fixed; default on two consecutive dates, absent extremely adverse circumstances, empowers the court below to cancel the bail bonds.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39479 of 2024

¶2

Arising Out of PS. Case No.-597 Year-2023 Thana- PHULPARAS District- Madhubani

¶3

======================================================

¶4

SHIV SHANKAR PASWAN S/O GHORAIYA PASWAN @ SIYARAM PASWAN R/O VILLAGE- SISWA BARHI, P.S- PHULPARAS, DISTT.MADHUBANI.

¶5

... ... Petitioner/s

¶6

Versus

¶7

THE STATE OF BIHAR ====================	... ... Opposite Party/s ==================================
Appearance : For the Petitioner/s :	Mr. Yogesh Chandra Verma, Sr. Adv. Mr.Jitendra Kumar Bharti, Adv. Nitu Kumari, Adv.
For the Opposite Party/s : For the informant : ====================	Mr.Bhanu Pratap Singh, APP Mr. Gagan Deo Yadav, Adv. ==================================
CORAM: HONOURABL PANDEY	E MR. JUSTICE NAWNEET KUMAR

¶8

ORAL ORDER

¶9

5 27-09-2024

¶10

Heard learned counsel for the petitioner and learned

¶11

APP for the State.

¶12

The petitioner seeks regular bail in connection with Phulparas P.S. Case No. 597 of 2023 registered for the offence punishable under Sections-302, 120(B)/ 34 of the Indian Penal Code and 27 of the Arms Act.

¶13

As per allegation, 19 accused persons attacked the house of the informant. They were equipped with pistol etc. Coaccused namely, Enamul, Yakub, Ziyaul, Asif and Munshi were firing shots. Co-accused Fulo Khatoon and Zeba Parvin ordered the other accused persons to kill the son of the informant. Thereafter, the petitioner along with other co-accused persons

¶14

Patna High Court CR. MISC. No.39479 of 2024(5) dt.27-09-2024 2/3

¶15

caught hold of Shakil, son of the informant and co-accused Coaccused, Inamul fired shot at the deceased.

¶16

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation. It has further been submitted that though there is similar allegation against co-accused Mushaharu Miyan @ Sadre Alam @ Musharu Mian @ Md. Sadre whose application for bail was rejected by this court in Cr. Misc. No. 45728 of 2024 but the reason for refusal of bail of that petitioner was concealment of his three antecedents in his bail application. This petitioner is not the assailant. He is a person of clean antecedent.

¶17

Learned counsel appearing for the informant has opposed the prayer for bail of the petitioner and submitted that the allegation against the petitioner is similar to that of coaccused Mushaharu Miyan @ Sadre Alam @ Musharu Mian @ Md. Sadre whose bail application has been rejected.

¶18

It appears that one of the grounds for rejection of bail of Co-accused Mushaharu Miyan @ Sadre Alam @ Musharu Mian @ Md. Sadre was that he had concealed his three antecedents. The petitioner is not the assailant. The allegation against the petitioner is general and omnibus and he is a person

¶19

Patna High Court CR. MISC. No.39479 of 2024(5) dt.27-09-2024 3/3

¶20

of clean antecedent.

¶21

Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IInd, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 597 of 2023 subject to the condition that the petitioner will appear in the court below on each and every date fixed in the case and if, he fails to do so on two consecutive dates unless he is prevented by extremely adverse circumstances, the learned court below shall be at liberty to cancel the bail bonds of the petitioner .

¶22

(Nawneet Kumar Pandey, J)

¶23

A.K.V.//-

Shiv Shankar Paswan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Shiv Shankar Paswan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sanjay Chaudhary Vs The State of Bihar

Md. Afroj @ Md. Afjal Vs The State of Bihar

Pankaj Kumar Vs The State of Bihar

Umesh Rai @ Umesh Singh Vs The State of Bihar

Raja Kumar Thakur @ Suman Kumar @ Raj Kumar Thakur Vs The State of Bihar

Nanhe @ Shahid Ali @ Shahil Ali Vs The State Of Bihar