Malta Paswan @ Uma Paswan @Molta Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7664 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Malta Paswan @ Uma Paswan @MOLTA Paswan S/O Kaleshwar Paswan R/O Village- Gopinathpur Dokra, P.S.- Saraiya, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2022 Heard both parties through video conferencing. The petitioner seeks bail in Saraiya P.S. Case No. 100 of 2021, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, on 04.02.2021 in the evening, brother of informant went to Dokra Bazar, but he did not return till late night. In the next morning, the informant got information that a dead body is lying in the field of one Nagi Sah, thereafter, he reached there where he found the dead body of his brother. Informant suspects that this petitioner along with other FIR named accused persons killed his brother and also snatched Rs. 20,000/- due to old enmity.

It is submitted on behalf of the petitioner that informant is not eye-witness of the occurrence and petitioner

Patna High Court CR. MISC. No.7664 of 2022(2) dt.08-04-2022 2/2 has been made accused in this case merely on suspicion due to old enmity. During course of investigation, it has come that on the alleged date of occurrence the deceased had gone to take toddy where dispute arose on transaction of money and the accused persons committed his murder and threw the dead body in the field. Save and except suspicion there is no direct or indirect material which shows his involvement in the alleged occurrence. Petitioner claims clean antecedent and he is in custody since 28.08.2021.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, (West) Muzaffarpur in connection with Saraiya P.S. Case No. 100 of 2021. (Prabhat Kumar Singh, J) vinita/- U T