Patna High CourtCR. MISC./20145/2019bail granted

Lalan Kumar Paswan v. The State Of Bihar

2019-07-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20145 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- PUSA District- Samastipur ====================================================== LALAN KUMAR PASWAN Son of Late Ashok Paswan Resident of VillageMorsend Malpur, Police Station- Pusa, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate.

For the informant :

Mr. Choudhary Shyam Nandan, Advocate.

For the State :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Pusa P.S. Case No. 85 of 2018, instituted for the offence under Section(s) 363, 364 of the Indian Penal Code. Subsequently, Section 302/34 of the Indian Penal Code was added.

Counsel for the petitioner submits that petitioner is not named in the written report. During investigation, no cogent evidence has come against the petitioner except the C.D.R. which goes to suggest that there was some conversation between the parties i.e. Vikash Kumar and petitioner. Counsel for the informant has appeared and submitted that on the basis of confessional statement of the

Patna High Court CR. MISC. No.20145 of 2019(6) dt.11-07-2019 2/2 petitioner, the lunch box of the deceased was recovered from the newly constructed house situated at main Chowk Tola Gokhula where he had gone for giving food to his uncle Vijay Kumar and in course of returning, the son of informant was kidnapped by unknown person.

In this mannr, mere suspicion has been raised against the petitioner.

Petitioner is in custody since 26.9.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Pusa P.S. Case No. 85 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T