Sushil Paswan @ Makholi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79761 of 2018 Arising Out of PS. Case No.-384 Year-2018 Thana- JAGDISHPUR District- Bhojpur ====================================================== Sushil Paswan @ Makholi Paswan, S/o Late Feku Paswan R/v-Badki, Haradiyan,P.S-Jagdishpur,Distt.-Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jagdishpr P.S. Case no. 384 of 2018, registered under Section 302 and 201 of the Indian Penal Code. The accusation is that informant Putul Kumar was informed by his uncle on mobile about murder of his father, namely, Ramesh Yadav, when he reached at the village then he came to know from his uncle that his father Ramesh Yadav had gone to the house of Sushil Paswan (Petitioner) in the evening of 19.10.2018 for demanding money, but he did not return while search was made, but no trace was found. On the next morning, on 20.10.2018 a rumour was spread in the village that a dead body is lying near the canal in west side of village. Thereafter, informant and his uncle went there and saw the dead body of his father. Thereafter, informant raised suspicion

Patna High Court CR. MISC. No.79761 of 2018(4) dt.06-05-2019 2/2 that petitioner with intention to grab the money committed murder of his father and throw the dead body near the canal. Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant had raised only suspicion regarding the murder of his father Ramesh Yadav, but the during the investigation, except the family members of the informant, none of the witnesses have stated about going of the deceased at the house of petitioner, which would appear from case diary, which is up to paragraph 40. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M-XI, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 384 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T