Shankar Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Shankar Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Benipur, Darbhanga / concerned Court below, in connection with Kusheshwar Asthan P.S. Case No.207 of 2022.

Issue for consideration

Whether the petitioner should be granted bail in Kusheshwar Asthan P.S. Case No.207 of 2022 (offences under sections 302, 120-B IPC and section 27 Arms Act) in this second attempt, his earlier bail prayer having been rejected on 10.04.2024.

Court's answer

The bail application is allowed, considering the period of custody of the petitioner and the delay in trial.

Ratio / Principle

The petitioner is directed to 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 the learned Additional Sessions Judge-I, Benipur, Darbhanga / concerned Court below, in connection with Kusheshwar Asthan P.S. Case No.207 of 2022.

Detailed headnote1 paragraphs

Criminal Miscellaneous No.12848 of 2025 (Patna High Court, Sandeep Kumar, J., order dated 02-05-2025): Second bail application by Shankar Paswan in Kusheshwar Asthan P.S. Case No.207 of 2022 registered under sections 302, 120-B of the Indian Penal Code and section 27 of the Arms Act, arising from the killing of one Indal Yadav; the pistol used in the crime was stated to have been recovered during investigation on the confessional statement of co-accused Mithilesh Yadav, and a dispute between the deceased and the petitioner was noted. The petitioner's earlier bail prayer had been rejected by the same Court on 10.04.2024 in Criminal Miscellaneous No.76780 of 2023. He had been in custody since 16.05.2023. Considering the period of custody and the delay in trial, the Court allowed the bail application and ordered release 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 Additional Sessions Judge-I, Benipur, Darbhanga / concerned Court below.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12848 of 2025

Arising Out of PS. Case No.-207 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga

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Shankar Paswan Son of Mahendra Paswan @ Mahindra Paswan @ Manindra Paswan Resident of Village- Bihana, Police Station -Mahishi, District -Saharsa

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance :

For the Petitioner/s : Mr.Nilendu Kumar Choudhary For the Opposite Party/s : Mr.Yogendra Kumar Singh

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

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 02-05-2025

Heard learned counsel for the petitioner and learned

APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Kusheshwar Asthan P.S. Case No.207 of 2022 registered for the offence under sections 302, 120-B of the Indian Penal Code and under section 27 of the Arms Act. Earlier, the prayer of the petitioner for grant of bail has been rejected by this Court vide order dated 10.04.2024 passed in Criminal Miscellaneous No.76780 of 2023.

3. One Indal Yadav was killed by known criminals. During investigation, the police has recovered the pistol used in the crime on the confessional statement of coaccused Mithilesh Yadav. It has also come during investigation

Patna High Court CR. MISC. No.12848 of 2025(2) dt.02-05-2025 2/2

that the deceased was having dispute with the petitioner and others and because of which, they killed the deceased.

4 . The petitioner is in custody since 16.05.2023.

5. Considering the period of custody of the petitioner and also the delay in trial, this bail application is allowed.

6. 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 the learned Additional Sessions Judge-I, Benipur, Darbhanga / concerned Court below, in connection with Kusheshwar Asthan P.S. Case No.207 of 2022.

(Sandeep Kumar, J)

pawan/-

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