Lalo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16267 of 2015 Arising Out of PS.Case No. -181 Year- 2014 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Lalo Paswan S/o Shri Lal Paswan Resident of Village Banwaripur, P.S. Bhagwanpur, District Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Pd. Singh, Advocate. For the Opposite Party/s : Mr. Rajeev Nayan (App). ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2015 The petitioner is languishing in custody since 5.11.2015 in connection with Bhagwanpur P.S. Case No.181 of 2014 instituted for the offences under Sections 364, 302, 201, 120B of the I.P.C.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution case, in brief, is that on 17.10.2014 at about 4 P.M. inoformant's son Muskan Raj and Abhishek Kumar were playing near Nagababa temple, but they did not return home, then he went to the house of another Abhishek who was also playing with them but his both sons were not present there. He along with Ram Pravesh Paswan father of Abhishek began to search both the boy. But not succeeded. In course of

Patna High Court Cr.Misc. No.16267 of 2015 (2) dt.17-07-2015 2/3 search, he came to know that Manjay Paswan alias Mandal, Sanjay Paswan, Lalo Paswan (petitioner), Radha Devi, Shri Lal Paswan, Navin Mandal, Bhawani Mandal, Chhotu Mahton, Sanjeet Mahton wife of Shri Lal Paswan, Dharmendra Paswan, they all kidnapped his both sons, thereafter they went to the house of those accused persons. They were not present at their house. On next day in course of search on 18.10.2014, he found dead body of his son Abhishek Kumar at the bank of river in a shrub and from there about 400 miters away towards east side, he found dead body of his another son Muskan Raj at the bank of Balan river. On behalf of the petitioner it has been submitted that from perusal of the F.I.R.

it would appear that the petitioner has been named in the present case merely on suspicion. It is further submitted that there is no direct or indirect evidence against the petitioner in the present case. It is further submitted other coaccused have been granted bail vide Cr.Misc. No.11736 of 2015 and Cr.Misc. No.8942 of 2015. It is further submitted that the petitioner is in custody since 5.11.2014 and the charge sheet has already been submitted in the present case.

On behalf of the State and the informant it has been submitted that the petitioner has been named in the F.I.R. Considering the aforesaid facts and circumstances,

Patna High Court Cr.Misc. No.16267 of 2015 (2) dt.17-07-2015 3/3 let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Rajesh Kumar Dwivedi, Judicial Magistrate, 1st Class, Begusarai, in Bhagwanpur P.S. Case no.181 of 2014.

(Sudhir Singh, J) AnilKrSinha/- U T