Ghanshyam Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.7038 of 2017 (2) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7038 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -NIYAMCHANDPUR District- BEGUSARAI ====================================================== Ghanshyam Paswan, S/o Tanik Paswan, Resident of Village- Damdama, P.S.- Neema Chandpur, District- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with S. Tr. No. 744 of 2016, arising out of Neema Chandpur P.S. Case No. 11 of 2016, registered under Sections 302/34, 120B of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that, on 20.02.2016, Rudal Paswan, son of the informant, went to village Bandwar with battery along with driver Bauya Paswan as his vehicle was lying in brake down condition. The driver was returned with motorcycle but after some time informant came to know about the murder of his son at village Bandwar, on which, he went there and saw the dead body of his son. The informant raised suspicion against the petitioner

Patna High Court Cr.Misc. No.7038 of 2017 (2) dt.09-03-2017 and others saying that earlier sister-in-law (Bhabhi) of the petitioner was removed from the post of Anganwari Sevika and petitioner was in impression that his sister-in-law was removed at the instance of the son of the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion. In fact, in course of investigation, no cogent material has been collected by the Investigating Officer against the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 09.08.2016. Moreover, police on investigation submitted the charge sheet against the petitioner. 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 Additional Sessions Judge-IV, Begusarai, in connection with S. Tr. No. 744 of 2016, arising out of Neema Chandpur P.S. Case No. 11 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T