Kishan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57145 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Kishan Paswan S/o Late Baleshwar Paswan, R/o Village- Adampur, P.S.- Goraul , District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Goraul P.S. Case no. 123 of 2017, registered under Sections 302/34 of the Indian Penal Code.

The accusation is that informant Lalan Mahto, Chowkidar, Goraul Police Station heard the noise of thieve then he woke up and went to east direction in the village Adampur near the house of petitioner Kishan Paswan then came to know that thief was entered in the house of petitioner and he was assaulted by the famiy of the petitioner and villagers. When he reached ahead to 150-200 yards away to the house of the petitioner in the field, then saw the large number of people there. On verification the person lying on the ground was found dead. The people gathered there were not able to disclose the name of the dead person.

Patna High Court Cr.Misc. No.57145 of 2017 (2) dt.11-12-2017 2/2 Learned counsel for the petitioner submits that petitioner is simply named in the F.I.R. because of committing the theft by unknown in the house of the petitioner, who was chased by the villagers and due to causing assault died ahead 200 yards to the house of the petitioner. 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 S.D.J.M. Vaishali at Hajipur in connection with Goraul P.S. Case No. 123 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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