Yogendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5244 of 2016 Arising Out of PS.Case No. -164 Year- 2015 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Yogendra Paswan, son of Late Bilet Paswan, Resident of Village- Parhat, Police Station- Singhiya, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Smt. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Singhiya P.S. Case No.164 of 2015 registered for offence punishable under Section 306 of the Indian Penal Code. The prosecution case is that a chokidar gave a fardbeyan before the SHO of Singhiya on 23.09.2015 at 15;00 hours that on 22.09.2015 at 11:00 A.M. in night the informant received an information that Md. Kabir of village Parhat has committed suicide, the informant immediately gave information to SHO, Singhiya on getting such information the SHO along with armed police forces came to village Parhat at residence of deceased where the mother of Md. Kabir was present but was not

Patna High Court Cr.Misc. No.5244 of 2016 (2) dt.26-02-2016 2/3 in condition to give statement. It is further stated that the informant along with chokidar Arjun Paswan, Ramjatan Sada and other relative of deceased brought the dead body of deceased to Sadar Hospital, Samastipur. It is alleged that Mukhiya of Kyothar Panchayat (the petitioner) forcibly sent the wife of deceased to Naihar and scolded and abused Md. Kabir in front of people due to which Md. Kabir committed suicide.

It has been submitted by the learned counsel for the petitioner that the petitioner is the Mukhiya of Kyothar Panchayat and it is only on the basis of circumstantial evidence that the petitioner has been falsely implicated. It has further been submitted that the petitioner has no criminal antecedent as is evident from paragraph-3 of this petition.

The counsel for the petitioner contends that they are many political rivals, petitioner being an old man and a conspiracy has been hatched against this petitioner.

However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R. and opposes the prayer for bail.

Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on

Patna High Court Cr.Misc. No.5244 of 2016 (2) dt.26-02-2016 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera-4, Samastipur in connection with Singhiya P.S. Case No.164 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Nilu Agrawal, J) N.H./- U T