Patna High CourtCR. MISC./14136/2021bail rejected

Bikash Paswan @ Vikas Paswan v. The State Of Bihar

2022-04-08Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14136 of 2021 Arising Out of PS. Case No.-63 Year-2019 Thana- SAHIYARA District- Sitamarhi ====================================================== BIKASH PASWAN @ VIKAS PASWAN S/O- Chhedi Paswan @ Shewi Paswan R/O- Village - Matiyar Khurd, P.s.- Sahiyara, District - Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Hans Lal Kumar Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-04-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends his arrest for the offences alleged under Sections 302 and 201/34 of the Indian Penal Code, registered in connection with Sahiyara P.S.Case No. 63 of 2019.

As per allegation, on the day of occurrence, the present petitioner along with two co-accused persons named in the FIR, took the informant's son Ramesh Kumar (deceased) by motor-cycle, thereafter the dead-body of the deceased was found

Patna High Court CR. MISC. No.14136 of 2021(5) dt.08-04-2022 2/2 hanging with a tree.

The learned counsel for the petitioner has submitted that there is no eye-witness of the occurrence and the petitioner has no complicity in the alleged offence.

From bare perusal of the FIR itself, there is allegation against the petitioner that he took the deceased with him by a motor-cycle and thereafter the dead-body was found. As such, the theory of last seen is proved. In the last portion of the FIR, the informant has stated that the present petitioner in complicity with the members of Sasural of the deceased have murdered his son.

I do not find it a fit case for anticipatory bail. The prayer for anticipatory bail on behalf of the petitioner is hereby rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T