Kata Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- HARNAUT District- Nalanda ====================================================== 1.

Kata Paswan Son of Krishna Paswan Resident of Village - Baghatilha, P.S.- Belchhi, Distt.- Patna.

2.

Rama Kumar Paswan @ Rama Kumar Son of Krishna Paswan Resident of Village - Baghatilha, P.S.- Belchhi, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2021 Let the defects be removed within four weeks. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offences punishable under Sections 302/201/120B of the Indian Penal Code.

The petitioners and other are suspected to have committed murder of the son of the informant. The impugned order reveals that co-accused Shashi Bhushan Kumar @ Sunny confessed before the police that since deceased Niraj was in love with a girl of the family of Shashi

Patna High Court CR. MISC. No.45 of 2021(2) dt.03-03-2021 2/3 Bhushan Kumar and the girl was already married with some other person. The family members of Shashi Bhushan Kumar called Niraj and committed his murder.

There is no material that the petitioners are family members of Niraj.

Learned counsel for the informant opposed the prayer for bail.

Considering the fact that there is no substantial material for further detention of the petitioner against whom investigation is already complete, let the petitioners, above named, who are in custody since 26.05.2020 and 11.03.2020 respectively, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Harnaut (Gokulpur) P.S. Case No.100 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

Patna High Court CR. MISC. No.45 of 2021(2) dt.03-03-2021 3/3 (c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T