Upendra Paswan @ Opi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46991 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Upendra Paswan @ Opi Paswan, son of Anik Paswan resident of VillageAkha Kurha P.S. Shamho, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Karandeep Kumar For the Opposite Party : Mr. Manish Kumar-II(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Begusarai Town P.S. Case No. 13 of 2015, registered under Section 363, 365 and 364/34 of the Indian Penal Code. The accusation is that on 31.12.2014, victim Raj Kishore Prasad, brother of the informant, moved from house on receiving call on his mobile. In the evening, when brother of informant did not return then attempt was made to contact his brother on his mobile, which was found switched off. The informant raised suspicion against the petitioner and others to kidnap his brother, Raj Kishore Prasad.

Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.46991 of 2015 (3) dt.15-02-2016 2/2 petitioner submits that informant has raised only suspicion against the petitioner and other accused persons named in the F.I.R. with regard to kidnapping of his brother Raj Kishore Prasad. Further submission is that in course of investigation, the Police got recorded the confessional statement of co-accused Rakesh Yadav showing the involvement of this petitioner and others for causing death of Raj Kishore Prasad by fire arm by Mahesh Yadav, except the said confessional statement, there is nothing on the record. The petitioner has got no criminal antecedent, whereas the similarly situated co-accused Rakesh Yadav has already been granted privilege of bail by this Court vide order dated 16.09.2015 passed in Criminal Misc. No. 20666 of 2015.

The petitioner is in custody since 07.01.2015. Having regard to the facts and the 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 the Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 13 of 2015.