Vikash Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53916 of 2017 Arising Out of PS.Case No. -16 Year- 2015 Thana -DUMARIA District- GAYA ======================================================

1. Vikash Paswan Son of Mungeshwar Paswan.

2. Sunil Paswan Son of Yugeshwar Paswan.

Both Resident of Village-Salaiya, P.S.-Dumariya, District-Gaya. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Dumariya P.S. Case No. 16/15 registered under Sections 302 and 201/34 of the Indian Penal Code.

As per the prosecution case, petitioners along with other accused persons are said to have committed the murder of the father of the informant and decapitated dead body was found in the chamber of the brick kiln over playing of sorcery by the deceased.

It is submitted by learned counsel for the petitioners that the allegation against the petitioners are not specific rather general and omnibus in nature. Informant is not the eye-witness of the occurrence. Petitioners have been falsely implicated in this

Patna High Court Cr.Misc. No.53916 of 2017 (02) dt.10-11-2017 2/ 2 case only on suspicion. Witnesses have also raised suspicion against the petitioners and other accused persons. One similarly situated co-accused person, namely, Anil Paswan have been granted bail by coordinate Bench of this Hon'ble Court in Cr. Misc. No.28360 of 2017 vide order dated 20.07.2017. The petitioners have been languishing in custody since 09.08.2017. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghatti, Gaya in connection with Dumariya P.S. Case No.16/15.

(Prakash Chandra Jaiswal, J) Trivedi/- U T