Satendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42506 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== Satendra Paswan Son of Ram Bali Paswan Resident of Village - Sadhu Nagar, P.S.- Khizarsarai, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2021 Heard both parties.

The petitioner seeks bail in Khizarsarai P.S. Case No. 26 of 2020, registered for the offence punishable under Sections 302/34 of the Indian Penal Code, section 27 of the Arms Act and section 3/4 of Witchcraft Act.

As per the prosecution case, on 23.01.2020 this petitioner along with other accused persons came at about 10.00 pm (night) and forcibly took away the husband of informant from house on the gunpoint towards river. On the next morning, dead body of the husband of informant was found in the room. Informant raised suspicion against petitioner and others as they have threatened her husband of dire consequence in the past. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case merely on

Patna High Court CR. MISC. No.42506 of 2021(2) dt.28-10-2021 2/2 suspicion. Informant is not eye-witness of the occurrence. During course of investigation, no tangible material has come against this petitioner. Similarly situated co-accused has been granted bail by this Hon'ble Court vide order dated 29.06.2021 passed in Cr. Misc. No. 13783 of 2021. Petitioner is in custody since 03.02.2021 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned Additional Chief Judicial Magistrate IVth, Gaya in connection with Khizarsarai P.S. Case No. 26 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T