Jitendra Paswan @ Alok Kumar And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.38543 of 2015 (3) dt.12-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38543 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -KHUDWAN District- AURANGABAD ======================================================

1. Jitendra Paswan @ Alok Kumar Son of Rajendra Paswan

2. Ramu Paswan Son of Rajendra Paswan Both R/o Village Arri, P.s. Khudwan in the district of Aurangabad .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.40119 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -KHUDWAN District- AURANGABAD ====================================================== Rajendra Paswan S/o Dasae Paswan R/o Arri, P.S. Khudwan, in the District of Aurangabad .... .... Petitioner

Versus

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

(In Cr.Misc. No.38543 of 2015) For the Petitioners : Mr. Ashok Kumar Singh For the Opposite Party : Mr. Manoj Kumar (App) (In Cr.Misc. No.40119 of 2015) For the Petitioner : Mr. Ashok Kumar Singh For the Opposite Party : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2015 Heard the counsel for the petitioners and counsel for the State.

The petitioners are languishing in jail since 15.06.2015, 29.06.2015 and 23.03.2015 respectively in a case instituted under Sections 366(A)/34 and 302 of the Indian Penal

Patna High Court Cr.Misc. No.38543 of 2015 (3) dt.12-10-2015 Code.

As per allegation, it is a case of abduction and thereafter murder of informant's son, namely, Gaurav Kumar @ Tutu aged about 15 years by the accused persons. It has been submitted on behalf of the petitioners that the petitioners are in custody since 15.06.2015, 29.06.2015 and 23.03.2015 respectively. Chargesheet has been submitted in the case under Section 302 Indian Penal Code. There is no allegation of tampering of evidence against the petitioners. The only material against the petitioners are the confessional statement, except for that, there is no other circumstantial evidence to suggest the implication of these petitioners.

On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction learned SDJM, Daudnagar, in the District of Aurangabad in connection with Khudwan P.S.Case No.18 of 2015.

(Sudhir Singh, J) B.Kr./- U T