Bahadur Paswan @ Lal Bahadur Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26419 of 2016 Arising Out of PS.Case No. -12 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Bahadur Paswan @ Lal Bahadur Ram Paswan, Son of late Raghu Paswan, aged about 52 years, Resident of Village - Tirojpur, P.S. - Durgawati, Distt. - Kaimur (Bhabhua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar, Advocate. For the Opposite Party/s : Mr. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-08-2016 Heard both sides.

The petitioner apprehends his arrest in Durgawati P.S. Case No. 12/2015 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The informant, widow of the deceased, alleged that while she was at her parents' house, she got information that her husband was shot dead. The informant came to the place of occurrence and found the dead body of her husband embedded with bullets on his forehead and jaw. The informant further alleged that she suspects that Bahadur Paswan, who had threatened her husband to kill about 10 days ago, might have killed her husband as her husband had taken Rs. 50,000/- from Bahadur Paswan for executing a sale deed.

Patna High Court Cr.Misc. No.26419 of 2016 (4) dt.20-08-2016 2/2 It is submitted by the learned counsel for the petitioner that there is no eye witness of the occurrence. During the course of investigation, the informant and the relatives of the deceased simply suspected that the petitioner might have killed the husband of the informant but there is no eye witness of the occurrence nor any circumstantial evidence is collected during the course of investigation.

Considering the facts aforesaid that except suspicion, there appears no material in the entire case diary, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Kaimur (Bhabhua) in Durgawati P.S. Case No. 12/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T