Chhotu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18722 of 2016 Arising Out of PS.Case No. -254 Year- 2014 Thana -GAYA KOTWALI District- GAYA ====================================================== Chhotu Paswan Son of Late Sanjay Paswan, resident of MohallaBageshwari Bam Baba Asthan, Police Station- Delha, District-Gaya. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Manish Kumar No-2, Advocate For the Opposite Party : Mr. Uday Chandra Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Kotwali P.S.Case No.254 of 2014 registered for an offence under Sections 147, 148, 149, 341, 323, 379 and 302 of the IPC and Section 27 of the Arms Act.
The prosecution case, in short, is that the informant's son, namely, Rishi Manjhi had gone along with one Sumit Manjhi and Akhilesh Manjhi for doing the work of Better. At about 7 P.M. all the three persons reached at Nai Godam More then all the named accused persons and 10-12 unknown persons started assaulting and took away towards Jhilganj. All the aforesaid persons assaulted his son Rishi Manjhi brutally and told that he
assaulted them. Anyhow, Sumit and Akhilesh Manjhi managed to escape there and informed her thereafter she and her family members and people of Mohalla went there then they received information that the aforesaid accused persons killed his son by gun shot. It is further alleged that police took away to the hospital and when they went to the hospital they received information that he died. Sumit and Akhilesh told that one Prince Paswan and another was chasing from Bairagi and talking by his mobile. The reason behind the occurrence to playing cricket in Kendriya Vidyalaya, Bairagi some altercation has been taken place with the accused persons in which his son Rishi Manjhi was also participated. The aforesaid occurrence has been taken place four months ago. One mobile phone and a golden locket have also been taken by the accused persons.
Learned counsel for the petitioner submits that the petitioner is in custody since 30.11.2015. There is no allegation of tampering of witnesses against the petitioner. Chargesheet has been submitted in the case. Six persons have been made named accused in the FIR along with twelve unknown persons. No specific injury has been attributed against the petitioner. There is no eye witness to the alleged occurrence.
On behalf of the State, it is submitted that the petitioner
is named in the FIR.
Considering the aforesaid facts and circumstances, let the above named petitioner 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 CJM, Gaya in connection with Kotwali P.S.Case No.254 of 2014.
(Sudhir Singh, J) B.Kr./- U T