Pawan Swarnkar v. The State Of Bihar

Patna High Court Cr.Misc. No.7494 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7494 of 2017 Arising Out of PS.Case No. -187 Year- 2016 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Pawan Swarnkar, Son of Shankar Swarnkar, Resident of Village + P.S.- Bawanipur, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 19.10.2016 in connection with Bhawanipur P.S. Case No. 187 of 2016 registered under Sections 364/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. and merely on the basis of suspicion, name of this petitioner has surfaced. In fact, there was dispute between the co-accused, Subodh Swarnakar, who has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 2234 of 2017, and the victim. No any evidence has come against this petitioner, who is of clean antecedent, which shows implication of this petitioner in alleged occurrence. The petitioner is rotting in custody for the last three months.

Patna High Court Cr.Misc. No.7494 of 2017 (2) dt.10-03-2017 Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Purnea, in connection with Bhawanipur P.S. Case No. 187 of 2016. (Arvind Srivastava, J) brajesh/- U T