Suman Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.40648 of 2015 (3) dt.15-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40648 of 2015 Arising Out of PS.Case No. -6 Year- 2011 Thana -DHURAIYA District- BANKA ====================================================== Suman Paswan son of Gauri Paswan Resident of village - Chainpur, Police Station - Rajoun, District - Banka.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Balram Kapri, Adv. For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2015 Heard both sides.
The petitioner apprehends his arrest in Dhoraiya P.S. Case No. 06/2011, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. The informant alleged that his son had gone to the tailoring shop, but his son did not return. Thereafter, the informant went to search him. The owner of the tailoring shop disclosed that Sanjay Kumar Mandal, Virendra Mandal and one unknown person left the tailoring shop with the deceased.
It is submitted that the petitioner is not named in the FIR, but during course of investigation name of the petitioner figured in the case in the statement of Virendra Das. The dead body was recovered and there is circumstantial evidence. Considering the facts aforesaid, I am not inclined to
Patna High Court Cr.Misc. No.40648 of 2015 (3) dt.15-12-2015 enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.
The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered taking in to consideration that similarly situated co-accused Virendra Das has already been enlarged on regular bail. The court below shall dispose of the bail petition preferably on the same day.
(Prabhat Kumar Jha, J.) Rakhi U T