Shambhu Paswan @ Shambhu @ Samrat Paswan @ Samaratwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31484 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -MOKAMAH District- PATNA ====================================================== Shambhu Paswan @ Shambhu @ Samrat Paswan @ Samaratwa, S/o Late Lagan Paswan, R/o Village- Mekra Dih, P.S Mokama, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arjun Prasad, Advocate For the Opposite Party : Mr. Anand Mohan Prasad Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Mokama P.S Case No. 25 of 2016 registered for the offences punishable under Sections 341, 506, 302, 201, 120B of the Indian Penal Code and section 27 of Arms Act.

Allegedly, the petitioner and other two accused Nawal Rai @ Burhai and Manoj Rai, caught Lakar Rai, the son of the informant and to compromise their earlier case, they were abusing and further after tieing his hands boarded him in a boat and took away in the river Ganga and thereafter, fire was shot and after killing Lakar Rai, they threw the dead body in the river Ganga.

Patna High Court Cr.Misc. No.31484 of 2016 (3) dt.15-09-2016 2/2 Submission is of false implication and that the petitioner has got no concern with the alleged occurrence, earlier the case was lodged against Nawal Rai @ Burhai, the petitioner has been made victim of the circumstances, there is no legal and cogent material against him, without any basis he is suffering in custody since 25.02.2016 and, as such he deserves sympathetic consideration.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering that there is specific allegation against the petitioner also for taking away the deceased and thereafter by killing him threw the dead body in the river Ganga and, as such, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected pending in the Court of Sri Deepak Kumar J.M. 1st Class, Barh, Patna, in connection with Mokama P.S. Case No. 25 of 2016.

(Jitendra Mohan Sharma, J.) Rajiv/- U T