Pramod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17761 of 2020 Arising Out of PS. Case No.-166 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== PRAMOD PASWAN Son of late Bijay Paswan @ Vijay Paswan Resident of Village - Patluka, P.S.- Barachatti, Distt - Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.S. Jamil Akthar, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-10-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Imamganj P.S. Case no. 166 of 2018 registered under sections 302, 201 and 34 of the Indian Penal Code. As per allegation in the FIR, it is stated that Dinesh Paswan and Vijay Paswan came to the house of the informant and took his father, for performing some ceremony, after reserving a tempo giving assurance that he would return back. It is stated that his father did not return and subsequently on whats app he saw that a person had been murdered by the side of the river. The body was being sent for postmortem and the same

Patna High Court CR. MISC. No.17761 of 2020(3) dt.15-10-2020 2/3 was identified by the informant as being that of his father. It is submitted by learned counsel for the petitioner that the name of the petitioner transpired in course of investigation in the confessional statement of Jitendra Paswan who has been enlarged on bail vide order dated 30.7.2019 passed in Cr. Misc. no. 39115 of 2019. The petitioner has no criminal antecedent. Besides the confessional statement made before the police there is no other material against the petitioner. The application for bail is opposed by learned counsel for the State.

The case diary called for in the case has been received.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the grant of bail to the co-accused as also the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Imamganj P.S. Case no. 166 of 2018, he will be enlarged on bail on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.17761 of 2020(3) dt.15-10-2020 3/3 satisfaction of learned Judicial Magistrate 1st Class, Sherghati, District Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U