Binod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7224 of 2020 Arising Out of PS. Case No.-627 Year-2019 Thana- BIHTA District- Patna ====================================================== BINOD PASWAN, Gender-Male, aged about 52 years, Son of Naulakh Paswan, Resident of Village - Dorapur, P.S. - Rani Talab, District - Patna. Permanent address - Prakanha Chowki, P.S. - Rani Talab, District - Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajeev Ranjan, Advocate.

For the Opposite Party :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302/34 and 120(B) of the I.P.C. The prosecution story, in brief, is that the elder son of the informant, namely, Makun Paswan, has left the house on 30.06.2019 for going to his Sasural but he could not reach there and during search, it transpires that his dead body was lying at Mithapur, Bihta and his Motorcycle was thrown by the side of

Patna High Court CR. MISC. No.7224 of 2020(4) dt.08-07-2020 2/3 Canal. It is further alleged that the petitioner alongwith other co-accused used to give threatening for dire consequences earlier to this offence due to previous dispute. Therefore, the informant alleged that the petitioner and other co-accused have committed murder of his son.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 09.12.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. He has been made accused in the present case only on the basis of suspicion. There is no eye witness to the alleged occurrence. Except for suspicion, there is no substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of the learned A.C.J.M.-I, Danapur, in connection with Bihta P.S. Case No. 627/2019.

Patna High Court CR. MISC. No.7224 of 2020(4) dt.08-07-2020 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T