Dayanand Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16036 of 2024 Arising Out of PS. Case No.-156 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== Dayanand Paswan Son Of Chote Lal Paswan R/O-Kalyanpur, P.S.-barahiya, Distt.-lakhisarai ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Rajesh Kumar, Advocate For the Opposite Party :
Mr.Zainul Abedin, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/120B/34 of the Indian Penal Code.
3. As per the prosecution case, informant has suspected that FIR named accused persons killed brother of the informant.
4. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. Informant is not the eye witness of the occurrence. Petitioner's name has come in this case during course of investigation on the basis of confessional statement of co-accused. Save and except confessional statement, there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.16036 of 2024(2) dt.14-03-2024 2/2
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Lakhisarai in Barahiya Police Station Case No. 156 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T