Allowed¶19

Bappy Paswan v. the State of Bihar

Patna HC9 Feb 2024CR. MISC./9211/2023

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.9211 of 2023, Justice Sunil Kumar Panwar, oral order dt. 09-02-2024: regular bail granted to Bappy Paswan in Kajraili P.S. Case No.-67/2020, District Bhagalpur (Ss. 302, 34 IPC; S. 27 Arms Act); custody since 20.09.2020; bail bond Rs. 10,000/- with two sureties; parity noted with co-accused bail orders dt. 26.04.2022 and 24.08.2022 in Cr. Misc. Nos. 49719/2021 and 53490/2021.

What did the court decide?

Bail application allowed: petitioner directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional District & Sessions Judge 4th, Bhagalpur, in connection with Kajraili P.S. Case No.67 of 2020. ¶19

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9211 of 2023

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Arising Out of PS. Case No.-67 Year-2020 Thana- KAJRAILI District- Bhagalpur

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

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Bappy Paswan Son Of Shiv Narayan Paswan @ Shiva Paswan R/V Gaurachaki, P.S.- Kajraili, District- Bhagalpur

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ambrish Kumar Jha For the Opposite Party/s : Mr.Anand Kishore Choudhary ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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5 09-02-2024

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Heard learned counsel for the petitioner and learned

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APP for the State. Perused the case diary.

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The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

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As per the prosecution case, it is alleged that on 10.09.2020, while the informant was on patrolling duty, he received an information that a person lying injured on the road and also received a gun shot injury on his neck. It is further alleged that local people and passerby identified the person as sheikh Apsar.

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Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The F.I.R. has been lodged against unknown persons. Only on the basis of suspicion and self confessional statement

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Patna High Court CR. MISC. No.9211 of 2023(5) dt.09-02-2024 2/2

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before the police, the petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Nothing incriminating article has been recovered from the conscious possession of the petitioner. There is no specific overt against this petitioner. During investigation, no consistent material/evidence has been found against him. The other co-accused persons have already been granted bail by different co-ordinate Bench of this Court vide order dated 26.04.2022 and 24.08.2022 passed in Cr. Misc. No. 49719 of 2021 and 53490 of 2021 respectively. Petitioner is languishing in judicial custody since 20.09.2020.

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The application for bail is opposed by learned APP for the State.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge 4^th , Bhagalpur in connection with Kajraili P.S. Case No.67 of 2020.

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(Sunil Kumar Panwar, J)

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lata/- U T

Bappy Paswan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Bappy Paswan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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