Nagendra Paswan @ Nagendra Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39773 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- KURTHA District- Jehanabad ====================================================== NAGENDRA PASWAN @ NAGENDRA KUMAR PASWAN S/o Jhugru Paswan R/o village- Manikpur, P.S.- Kurtha, (Manikpur O.P.) District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary For the informant :

Mr. Jai Prakash Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 364(A), 34 of the Indian Penal Code in which section 302 IPC was added later on.

The prosecution allegation in short is that the minor son of the informant was kidnapped by the accused persons and later was killed.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.12.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in

Patna High Court CR. MISC. No.39773 of 2019(2) dt.03-07-2019 2/2 the F.I.R. The name of the petitioner has transpired on the basis of confession of co-accused. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case nor there is any circumstantial evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, Jehanabad in connection with Kurtha (Manikpur) P.S. Case No. 229 of 2018 (Sudhir Singh, J) Pankaj/- U T