Ramesh Paswan @ Guru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7974 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Ramesh Paswan@ Guru, Son of Late Asarfi Paswan Resident of Village - M.I.T. Jhitkahiayan, P.S.- Brahampura, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 24.08.2018 in connection with Bhagwanpur P.S. Case No.75 of 2018 registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case as per the fardbeyan of Birchanda Das recorded by Sub Inspector of Police of Hajipur Town P.S. is to the effect that the son of the informant, Radhesh Ranjan was an Assistant Teacher, posted in L.N. High School, Bhagwanpur. On 07.05.2018, he went to the school, when at 10:30 A.M., some unknown miscreants entered into the school office and shot him. Subsequently, he was taken to hospital in injured condition where he was declared dead, leading to registration of FIR against unknown. During investigation, one Rishi Ranjan was arrested and

Patna High Court Cr.Misc. No.7974 of 2019(2) dt.13-02-2019 2/2 on whose confessional statement, the name of the petitioner sprang up. It also transpired that co-accused, Rishi Ranjan had illicit relationship with the wife of the deceased, namely, Pushpa Kumari. It is submitted by learned counsel for the petitioner that except confession of apprehended co-accused, there is no evidence collected against the petitioner. It is further submitted that the investigation has already been concluded and there is no recovery of fire arm which was allegedly used in the said occurrence. It is further stated that the petitioner has not been put on TI parade since the occurrence took place in a public place. Statement has been made in para 3 to the effect that the petitioner is not having any criminal antecedent.

Considering the accusation based upon the confession of apprehended co-accused Rishi Ranjan, coupled with the fact that investigation has been concluded, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IIIrd, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No.75 of 2018. (Dinesh Kumar Singh, J) sanjeev/- U T