Pradip Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39012 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- ANDHRAMATH District- Madhubani ====================================================== PRADIP PASWAN S/o Mirchilal @ Devkrishna Paswan @ Dev Kishun Paswan Resident of Village- Dhanchhiha, P.S.- Andhramath, DistrictMadhubani. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Kumari Shubham For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
As per the prosecution case, this petitioner took away the son of informant on the pretext of showing orchestra and thereafter killed him by pressing his neck and informed the nephew of the informant that the deceased died of falling down from the bridge.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that it is a case of accidental death and deceased fell down from bridge while riding on a
Patna High Court CR. MISC. No.39012 of 2021(3) dt.22-11-2021 2/2 motorcycle. Bonafide of the petitioner is apparent from the fact alone that the dead body was brought by this petitioner to the house of the informant. Informant is not the eye witness of the occurrence. No substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. No external injury has been found on the body of the deceased. Petitioner has claimed clean antecedent and he is in custody since 7.12.2020. Charge sheet has already been submitted.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, 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 Judicial Magistrate 1st class, Jhanjharpur, Madhubani in Andhramath Police Station Case No. 119 of 2020.
(Prabhat Kumar Singh, J) Shashi U T