Vakil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15851 of 2024 Arising Out of PS. Case No.-61 Year-2022 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Vakil Paswan S/O Bihari Paswan R/O Village- Garigawan, P.S- Dinara, Distt.- Rohtas. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Mundrika Paswan S/O Late Bhikhari Paswan R/O Village- Delhuaon, PostIndaur, P.S- Dinara, Distt.- Rohtas. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner seeks regular bail in a case registered for the offence under Sections 365/34 of the Indian Penal Code.

3. It is alleged that on 12.09.2021, when son of the complainant had gone Dinara Market, all the accused persons caught him and took away to Noida and on 15.09.2021, complainant's son informed him that he had been forcibly taken away to Noida. It is further alleged that when complainant and his wife went to Noida at the house of accused persons, then accused persons denied about any information of his son, but on inquiry, the complainant came to know that his son was murdered by the accused persons and his dead-body was thrown in Yamuna river, however; the dead-body of his son could not be

Patna High Court CR. MISC. No.15851 of 2024(3) dt.27-03-2024 2/2 traced out.

4. It is submitted on behalf of petitioner the there is no direct or indirect evidence against the petitioner to show his complicity in the occurrence. Complainant is not eye-witness to the occurrence and only suspicion has been raised against petitioner. Complaint has been lodged after an inordinate delay of three months and there is no plausible explanation of delay. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State opposed the bail petition.

6. Considering the fact that only suspicion has been raised against the petitioner, there is delay in lodging the complaint and petitioner has got clean antecedent, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the J.M. 1st Class, Bikramganj, District - Rohtas at Sasaram in connection with Complaint Case No. 61 of 2022. Shashi (Prabhat Kumar Singh, J) U T