Patna High CourtCR. MISC./29738/2016rejected

Kameshwar Paswan v. The State Of Bihar

2016-12-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29738 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -CHIRAIYA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Kameshwar Paswan S/o Manejar Paswan Resident of Village- Khartari, P.S. Chiraiya, District East Champaran at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2016 Heard both sides.

The petitioner apprehends his arrest in Chiraiya P.S. case No. 24 of 2016 under Section 302, 201, 120B of the Indian Penal Code.

The Chowkidar lodged the case against unknown afterr recovery of dead body of an unknown person. The learned counsel for the petitioner submits that name of the petitioner figured in the case in the confessional statement of co-accused, Banarsi Paswan, and it is disclosed that petitioner and Subodh Paswan called the deceased, Santosh Jha, and burnt him to death. It is submitted that Subodh Paswan has already been granted anticipatory bail by a bench of this court vide

Patna High Court Cr.Misc. No.29738 of 2016 (4) dt.20-12-2016 2/2 order dated 13.12.2016 passed in Cr. Misc. No. 38220 of 2016 but it appears that Banarsi Paswan disclosed in his confessional statement that it was the petitioner and Subodh Paswan who burnt the deceased to death after calling him on one pretext or the other. The offence is very serious in nature. Hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, i.e., the learned S.D.J.M., Sikrahana at Dhaka, East Champaran in Chiraiya P.S. case No. 24 of 2016, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that similarly situated accused has already been granted bail and dispose of the bail petition, preferably, on the same day.

(Prabhat Kumar Jha, J) BKS/- U T