Shankar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19517 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -PIRI BAZAR District- LAKHISARAI ====================================================== Shankar Paswan, Son of Late Saryug Paswan, Resident of Village: Maheshpur, P.S- Piri Bazar, District : Lakhisarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinkar Raj Bhandari, Advocate For the Opposite Party/s : Mr. U.S.P.Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Piri Bazar P.S. Case No.61 of 2015 registered for the offence under Sections 302, 201 and 120B of the Indian Penal Code.
Diary in the present case was called for, which has since been received.
Learned counsel for the petitioner submits that only on account of petty dispute, the name of the petitioner has been inserted in the present F.I.R. It appears from bare perusal of the same that after an afterthought, the petitioner's name has been added as eighth accused person, though only seven had
Patna High Court Cr.Misc. No.19517 of 2016 (4) dt.31-08-2016 2/2 been named earlier. He further points out to paragraph 2 of the case diary stating that it was the Chaukidar who had, in fact, discovered the dead body of the deceased the following morning and not the family members as has been stated in the F.I.R.
In view of the aforementioned contradiction in the prosecution story, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Lakhisarai, in connection with Piri Bazar P.S. Case No.61 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T