Munna Paswan & Ors. v. The State of Bihar

Arising Out of PS. Case No.-95 Year-2021 Thana- IMADPUR District- Bhojpur ====================================================== Laljee Paswan, Son of Ramashrey Paswan Resident of Village - Rajpur, P.s.- Imadpur, Distt.- Bhojpur. The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 22456 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-95 Year-2021 Thana- IMADPUR District- Bhojpur ====================================================== Purnwasi Paswan, S/o Gandhi Paswan R/o village- Rajpur, P.S.- Imadpur, District- Bhojpur ... ... Petitioner/s Patna High Court CR. MISC. No.9573 of 2022(4) dt.20-12-2022 The State of Bihar Versus ====================================================== CRIMINAL MISCELLANEOUS No. 23841 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-95 Year-2021 Thana- IMADPUR District- Bhojpur ====================================================== Radha Mohan Paswan, Son of Late Bhikhar Paswan, Resident of Village - Rajpur, P.s.- Imadpur, Distt.- Bhojpur. The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 36339 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-95 Year-2021 Thana- IMADPUR District- Bhojpur ====================================================== Bhaya Ram Paswan @ Bhaiya Ram Paswan, Son of Ramashrey Paswan, Resident of village - Rajpur, P.S. - Imadpur, District - Bhojpur The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 40534 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-95 Year-2021 Thana- IMADPUR District- Bhojpur ====================================================== Anil Paswan, Son Of Bhola Paswan @ Bhola Ram, R/O Village- Rajpur, P.S.- Imadpur, District- Bhojpur The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 62098 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-95 Year-2021 Thana- IMADPUR District- Bhojpur ====================================================== Sheshnath Paswan, Son of Radha Mohan Paswan R/V- Rajpur, P.S- Imadpur Dist- Bhojpur Patna High Court CR. MISC. No.9573 of 2022(4) dt.20-12-2022 The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s Mr. Uday Kumar,Advocate Mr. Ajit Kumar, A.P.P. Mr. Uday Kumar, Advocate Mr. Umanath Mishra, A.P.P. Mr. Uday Kumar, Advocate Mr. Ajit Kumar, A.P.P. ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 9573 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 10120 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 10756 of 2022) : For the Petitioner/s For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 22456 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 23841 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 36339 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 40534 of 2022) : For the Petitioner/s For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 62098 of 2022) For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr. Uday Kumar, Advocate Mr. Bal Mukund Prasad Sinha, A.P.P. Mr. Rajeev Ranjan No.Ii, Advocate Mr. Tarun Prasad Mandal, A.P.P. Mr. Uday Kumar, Advocate Mr. Sanjay Kumar Singh, A.P.P. Mr. Uday Kumar, Advocate Mr. Abhay Kumar Roy, A.P.P. Mr. Manoj Kumar, Advocate Mr. Akbar Ali, A.P.P. 4 20-12-2022 Since eight cases arise out of Imadpur P.S. Case No. ORAL ORDER 95 of 2021 as such, they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners and learned A.P.P. for the State. Let the defect (s),if any, as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioners seek bail in Patna High Court CR. MISC. No.9573 of 2022(4) dt.20-12-2022 connection with Imadpur P.S. Case No. 95 of 2021 registered for the alleged offences under Sections 365, 379, 302, 201, 34 and 411 of the Indian Penal Code. As per prosecution case, the cousin of the informant and his brother-in-law were coming by a motorcycle, and they reached at a place where there was barricading and jam by the local populace and they asked the cousin and brother-in-law of the informant to stop and they were assaulted. The brother-in- law and the cousin of the informant fled away from the spot and cousin of the informant went missing from there along with motorcycle. The name of the petitioners transpired during investigation as the persons who apprehended the cousin of the informant and killed him. It has been submitted on behalf of the petitioners that the petitioners are innocent and have been falsely implicated in this case. The petitioners are not named in the F.I.R. and nothing incriminating has been recovered from the conscious possession of the petitioners or at their instance. Though recovery of the motorcycle of the cousin of the informant is said to be made at the instance of the petitioner Purnwasi Paswan but the same is not true. It has further been submitted on behalf of the petitioners that the name of the petitioners transpired in the Patna High Court CR. MISC. No.9573 of 2022(4) dt.20-12-2022 confessional statement of petitioner Purnwasi Paswan but the content of the statement shows it is not the statement of the said petitioner. In his confessional statement, the petitioner Purnwasi Paswan has named even his son and his brother which a sane person would not take considering the relationship. There is no eye witness to the alleged occurrence. Nothing of substance has came up against the petitioners to show their involvement or complicity in the occurrence as alleged. Dead body of the cousin of the informant has not been recovered and it could not be said that he was killed and that too by the petitioners. Charge sheet has been submitted in this case and the petitioner are in custody since 24.08.2021, 21.09.2021, 06.08.2021, 26.07.2021,

05.03.2022, 09.01.2022, 26.05.2022 and

06.08.2022, respectively. Learned A.P.P. for the State opposes the prayer for bail of the petitioners submitting that the recovery of the motorcycle of the cousin of the informant has been made at the instance of the petitioner Purnwasi Paswan after his confessional statement was recorded. Learned A.P.P. further submits that Sheshnath Paswan is having criminal antecedent. At this point, learned counsel for the petitioner Sheshnath Paswan submits that though the order rejecting the bail passed Patna High Court CR. MISC. No.9573 of 2022(4) dt.20-12-2022 by the learned trial court mentioned a criminal antecedent of this petitioner it has been submitted in the petition that there is no criminal antecedent of the petitioner and contrary fact has not been brought on record by the prosecution. Perused the records. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that the recovery of motorcycle of the informant’s cousin has been made at the instance of the petitioner Purnwasi Paswan, I am not inclined to enlarge the petitioner on bail at this stage and hence, his prayer for grant of bail is rejected. So far as other petitioners are concerned, having considering the submission made on behalf of the petitioners and further considering the facts and circumstances of the case, which show lack of any substantive material to connect the petitioner with the offences as alleged and further considering the submission of charge sheet along with period of custody of the petitioners, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Imadpur P.S. Case No. 95 of 2021, subject to Patna High Court CR. MISC. No.9573 of 2022(4) dt.20-12-2022 the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned. Gautam/daya U T (Arun Kumar Jha, J)