Rampati Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17796 of 2016 Arising Out of PS.Case No. -490 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================

1. Rampati Paswan son of Jhari Goraif, Resident of village- Dhangai, P.s.- Barachatti, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Lalan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Barachatti P.S. Case No.490/2015 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that on 07.11.2015 the son of the informant went at village Dhangai in search of labour for cutting paddy crops, in the meantime the named accused persons including this petitioner, having armed with weapon came and took away the son of the informant towards south of village Dhangai. The informant along with his other son and villagers started searching his son then he heard the sound of firing the proceeded to that direction and saw the accused who asked the

informant to look the dead body. When the informant reached near dead body then found his daughter-in-law and also disclosed the occurrence.

Learned counsel for the petitioner submits that it would appear from F.I.R. itself that the informant came to know about the assailant of his son (deceased) through his daughter-inlaw who was present near the dead body and she disclosed the name of Indal Bhonta @ Uma Bhonta Alik Ji @ Gulshan Ji, Santosh Ji, Amarjit Ji and 15 to 20 others unknown naxalites involving in causing injury to the deceased. The further submission is that she only disclosed that this petitioner along with four others also seen fleeing away from there. It is further submitted that the petitioner is aged about 65 years and having no criminal antecedent and is in custody since 10.11.2015. The charge sheet has already been submitted in this case.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No. 490/2015.

relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J.) Amit/- U T