Baban Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.43025 of 2016 (04) dt.13-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43025 of 2016 Arising Out of PS.Case No. -35 Year- 2014 Thana -AMBA District- AURANGABAD ======================================================
1. Baban Paswan, son of Laxman Paswan, resident of Village- Chilhki, P.S.- Amba, District- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha-Advocate For the Opposite Party/s : Mr. Sri Ramchandra Sahani-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
On account of presence of dead body beneath water in a well belonging to Bablu, informant Rajendra Kumar Singh, the Dafadar instituted instant case and for that, the allegations whatever been based at his end, happens to be on hearsay basis. From perusal of the case diary, it is evident that I.O. had done perfunctory investigation. He even not cared to examine the wife of the victim and in likewise manner, is the opinion of the doctor while doing post mortem. The Supervising Authority, in the background appears to be, more or less, indulged in similar activities.
However, petitioner happens to be Pattidar of the
Patna High Court Cr.Misc. No.43025 of 2016 (04) dt.13-12-2016 deceased and more particularly, when the inmates of the house of the deceased had already been granted bail under Cr. Misc. No.9306 of 2015 vide order dated 22.05.2015, petitioner's entitlement found more weightage.
That being so, petitioner, Baban Paswan is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Amba P. S. Case no.35 of 2014. A Copy of the order should be served upon the Superintendent of Police, Aurangabad, personally. (Aditya Kumar Trivedi, J) Vikash/- U T