Arvind Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59718 of 2018 Arising Out of PS. Case No.-116 Year-2013 Thana- DAUDNAGAR District- Aurangabad ====================================================== Arvind Paswan S/o Ganauri Paswan, R/o Vill.- Nawada, P.S.- Daud Nagar, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate Ms. Rupa Kumari, Advocate.

For the informant : Mr. Rajesh Kumar, Advocate Mr. Laxmikant Sharma, Advocate.

Mr. Rakesh Kumar Sharma, Advocate For the State : Mr. Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner, informant and the State.

The petitioner seeks bail in Daud Nagar P.S. Case No. 116 of 2013 instituted for the offence under Sections 436 and 302/34 of the Indian Penal Code.

Counsel for the petitioner submits that mere suspicion has been raised against the petitioner. The informant is not an eye witness. Counsel for the petitioner further submits that Bhabhi and niece of the informant have given statement in paragraphs-16 and 17 of the case diary wherein they have not levelled any allegation of specific overt act against the petitioner.

Patna High Court Cr.Misc. No.59718 of 2018(3) dt.26-11-2018 2/2 In the written report it is alleged that informant reached his house from Daudnagar and found his house burning. His son namely Chandan Kumar aged about 9 years was present in the house. He was found lying dead after sustaining burn injury.

Counsel for the informant submits that in FSL report it has come that fire had taken place by sprinkling petrol. Counsel for the petitioner further submits that petitioner has no criminal antecedent. He is in custody since 25.8.2018. From the written report it appears that mere suspicion has been raised against the petitioner. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 learned Sub Divisional Judicial Magistrate, Aurangabad, in connection with Daud Nagar P.S. Case No. 116 of 2013 subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T