Guddu Paswan @ Rakesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27147 of 2015 Arising Out of PS.Case No. -48 Year- 2014 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Guddu Paswan @ Rakesh Paswan Son of Bhola Paswan Resident of village - Koeri Tola, P.S. Bettiah ( Mofasil ), District - East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 31-07-2015 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 10.04.2015 in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code, 27 of the Arms Act and 3(2) (v) of SC/ST (Prevention of Atrocities) Act. The son of the informant was shot dead leading to the registration of the FIR against unknown. During investigation after several months of institution of the case I.O. got his statement recorded that some female were suggested that three accused persons were seen fleeing away out of which one has cut marks near his eye with semblance of the petitioner. Suspicion
Patna High Court Cr.Misc. No.27147 of 2015 (2) dt.31-07-2015 2/2 was also raised against the petitioner that this petitioner used to threat the victim.
It is submitted by learned counsel for the petitioner that the petitioner sought to be roped in the present case after several months of institution of the FIR merely on suspicion and there is no eye witness to the occurrence. Moreover, the investigation has already concluded.
A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner, 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 Chief Judicial Magistrate, West Champaran at Bettiah in connection with Balthar P.S. Case No. 48 of 2014.
(Dinesh Kumar Singh, J) DKS/- U T