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2025 DAILYLAW 8156 (PAT)

Kailu Paswan v. The State of Bihar

CR. MISC./4940/2025 · 2025-02-28

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4940 of 2025 Arising Out of PS. Case No.-22 Year-2001 Thana- BARACHATTI District- Gaya ====================================================== 1. Kailu Paswan S/o Musan Paswan R/o Village- Chando, P.S.- Barachatti, Distt.- Gaya 2. Suresh Bhuiyan @ Suresh Manjhi S/o Jago Manjhi @ Jago Bhuiyan R/o Village- Chando, P.S.- Barachatti, Distt.- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 28-02-2025 Heard learned counsel for the petitioners and Mr. Surendra Prasad Singh, learned APP for the State. 2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 120B 147, 148, 149, 302, 201 of the Indian Penal Code and Section 27 of the Arms Act. 3. The case of the prosecution is that the accused persons named in the Complaint petition started to bring the complainant’s father namely, Bechan Bhuiyan then complainant’s mother namely, Munarwa Devi and his brother Binod Bhuiyan went along with them. Accused Munna Singh ordered rest of the accused persons to kill the complainant’s Patna High Court CR. MISC. No.4940 of 2025(3) dt.28-02-2025 2/3 father namely, Bechan Bhuiyan and his mother namely, Munarwa Devi. From the order of Munna Singh, all the persons started to assault the complainant’s parents with lathi, Bhala, Tekani and accused Kailu Bhuiyan fired from his pistol which hits the complainant’s father namely, Bechan Bhuiyan on his forehead as a result of which, he fell down. Thereupon, accused Jugal Bhuiyan also fired from his pistol which hits the complainant’s mother namely, Munarwa Devi. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of the complaint, it is clear that direct allegation is against only Jughal Bhuiyan and Kailu Bhuiyan. The nature of allegation against other accused persons along with these petitioners is general and omnibus. It is also submitted that similarly situated co-accused persons have been granted bail by this Court vide order dated 23.01.2025 in Cr. Misc. No. 76453 of 2024. Morever, the petitioners are languishing in judicial custody since 07.06.2024. 5. Learned APP appearing for the state has opposed the prayer of regular bail. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is Patna High Court CR. MISC. No.4940 of 2025(3) dt.28-02-2025 3/3 inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Barachatti P.S. Case No. 22 of 2001 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Sherghati, District-Gaya. shubham/- (Ashok Kumar Pandey, J) U T