Rajesh Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Rajesh Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge, Jamui, in connection with Laxmipur P.S. Case No. 114 of 2017, subject to co-operating in the disposal of the trial and making himself available as and when required by the Court.

Issue for consideration

Whether petitioner Rajesh Paswan, charged in Laxmipur P.S. Case No. 114 of 2017 under Sections 341, 323, 324, 307, 325, 504/34 IPC (with Section 302 IPC later added) for the alleged fatal assault on the informant, should be released on regular bail.

Court's answer

Considering the facts and circumstances of the case — in particular that no specific overt act was alleged against the petitioner and the period of custody undergone by him — the petitioner was directed to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge, Jamui, subject to co-operation in the disposal of the trial and availability as and when required by the Court.

Detailed headnote1 paragraphs

Regular bail granted — Criminal Miscellaneous No.59713 of 2024, Patna High Court (Nawneet Kumar Pandey, J.), Oral Order dated 17-09-2024. Petitioner Rajesh Paswan, booked in Laxmipur P.S. Case No. 114 of 2017 (Dist. Jamui) for offences under Sections 341, 323, 324, 307, 325, 504/34 IPC with Section 302 IPC later added, on the allegation of brutal assault on the informant leading to his death, was released on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge, Jamui, conditioned on co-operating in the trial and remaining available when required. Grounds weighed by the court: absence of any specific overt act alleged against the petitioner and his period of custody (since 11.12.2023). Defence submissions noted in the order: false implication; a post-mortem report (xerox furnished at hearing) said to show no injury on the deceased and death due to ulcer (bedsore); clean antecedents; and prior bail to co-accused Ravindra Yadav by the court below (order dt. 26.04.2022 in B.A. No. 265 of 2022).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59713 of 2024

Arising Out of PS. Case No.-114 Year-2017 Thana- LAXMIPUR District- Jamui

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

Rajesh Paswan Son of Banarshi Paswan @ Bano Paswan Village- Chinveriya, ps- Laxmipur, Dist- Jamui

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Sinha For the Opposite Party/s : Mr.Md. Shakir Ahmad ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 17-09-2024

Heard learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 323, 324, 307, 325, 504/34 of the Indian Penal Code and later on Section 302 of the IPC has been added, registered in connection with Laxmipur P.S. Case No. 114 of 2017.

The allegation against the petitioner along with others is of brutally assaulted the informant leading to his death.

The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Learned counsel for the petitioner has provided a xerox copy of the Postmortem report of the deceased

Patna High Court CR. MISC. No.59713 of 2024(2) dt.17-09-2024 2/2

at the time of hearing of this bail application, which shows that no injury was found on the person of the deceased and the cause of death was due to ulcer (Bedsore) . He further submitted that the other co-accused namely, Ravindra Yadav has already been granted bail by Court below itself vide order dated 26.04.2022 passed in B.A. No. 265 of 2022. Petitioner is a person of clean antecedent and he is in custody since 11.12.2023.

Learned APP for the State has opposed the prayer

of bail.

Considering the above facts and circumstances of the case as also the fact that no specific overt act alleged against the petitioner and the period of custody undergone by him, let the petitioner, above-named, 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 Addl. Sessions Judge, Jamui in connection with Laxmipur P.S. Case No. 114 of 2017, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J)

Arish/- U T