Rajesh Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29796 of 2020 Arising Out of PS. Case No.-194 Year-2019 Thana- SANGRAMPUR District- Munger ====================================================== RAJESH KUMAR PASWAN Son of Ramcharitra Paswan Resident of Village- Dadri Jala, P.S.- Sangrampur, District- Munger. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mrs. Sanjana For the Opposite Party/s :
Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 363, 364, 366A and 302 of the Indian Penal Code.
The prosecution case in short is that the son of the informant went to see orchestra and did not return and later his dead body was recovered.
It has been submitted on behalf of the petitioner that the
Patna High Court CR. MISC. No.29796 of 2020(2) dt.11-11-2020 2/2 petitioner is in custody since 02.12.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of self-confession made before the police. There is no recovery of any incriminating articles from the possession of the petitioner. The F.I.R. is said to have been lodged after delay of 6 days. There is no explanation with regard to delay in lodging the F.I.R.. The dead body of the deceased is said to have been recovered on the basis of confession made by the coaccused namely Rajiv @ Kanta. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Munger in connection with Sangrampur P.S. Case No. 194 of 2019. (Sudhir Singh, J) Pankaj/- U T