Sushil Paswan @ Sushil Kumar Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51354 of 2017 Arising Out of PS.Case No. -221 Year- 2016 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Sushil Paswan @ Sushil Kumar Paswan, S/o Late Yogendra Paswan,

2. Suraj Kumar S/o Bhushan Prasad, Both R/o Village- Asthama , P.S.- Asthama , District- Nalanda at present Residing at Bhawanipur Rajdham Block, P.S.- Bhawanipur, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Bhawanipur P.S. Case No. 221 of 2016 for the offences punishable under sections 302, 120 (B), 201 and 341 of the I.P.C.

Allegedly, the informant was living in Chapra and her husband was posted at Bhawanipur, Purnea. The informant got information through the petitioner Suraj Kumar about death of her husband on telephone from Bhawanipur and then F.I.R. has been lodged naming the accused persons raising suspicion. Submission is of false implication and that there is no

Patna High Court Cr.Misc. No.51354 of 2017 (3) dt.15-12-2017 2/2 eye witness of the occurrence, besides suspicion there is nothing against the petitioners, in this case Vimal Kumar Mandal, Ashish Kumar and Pawan Kumar Yadav have already been allowed prearrest bail by different Benches of this Court, vide Annexures- 2 series, and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. fairly submits that there is no eye witness of the occurrence.

In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M, Purnea in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T