Rajeev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70261 of 2018 Arising Out of PS. Case No.-11 Year-2016 Thana- NIMACHANDPURA District- Begusarai ====================================================== Rajeev Paswan Son of Dilip Paswan @ Dilip Kumar Paswan, Resident of Village- Nurjampur, P.S.- Ballia, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the State :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 341, 120(B) of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that informant's son was murdered by some culprits.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The informant has named the petitioner merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. In the case diary, the only material is

Patna High Court Cr.Misc. No.70261 of 2018(3) dt.01-02-2019 2/2 confessional statement of co-accused. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rakesh Kumar, learned Judicial Magistrate-Ist Class, Begusarai in connection with Neemachandpura P.S. Case No. 11 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T