Ravindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56677 of 2021 Arising Out of PS. Case No.-238 Year-2020 Thana- CHANDI District- Nalanda ====================================================== RAVINDRA PASWAN S/o- RAMASHISH PASWAN Resident of VillagePinipar, Gonkura, P.S.- Chandi, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Narain Singh, Sr.Adv.

: Ms.Anju Kumari, Adv For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case, in short, is that the son of informant namely Manish Kumar was not returned to his home till 6.00 PM on 10.06.2020. Husband of informant make a call upon his mobile but Manish did not receive the call. After searching at 8.00 PM on 10.06.2020 it has been found that in

2/4 the motor cabin of Chander Mahto Manish was hanged. When informant and other persons went there they saw that there was rope in the neck of Manish and Manish was sitting on ankle. There was sign of injuries upon his head. Previously his son Manish has enumerated that he has love affairs with the daughter of petitioner Ravindra Paswan and they frequently met and this was in the knowledge of Ravindra Paswan. Ravindra Paswan always gave threatening to kill the son of informant. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case only on the basis of suspicion. He further submits that it appears from the FIR that the dead body of the victim was recovered from the Motor Cabin of one Chander Mahto.

He further submits that it has come during investigation that the victim was in love with the daughter of the petitioner and statement of the daughter of the petitioner was recorded in para-16 of the case diary wherein she has categorically stated that the deceased Manish Kumar was after her even though she did not want to meet him. He further submits that on 10.06.

3/4 chargesheet against the petitioner and the petitioner is in custody since 18.01.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and fairly supports the contention of the petitioner.

Considering the aforesaid facts, 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 Court below where the case is pending in connection with Chandi P.S. Case No.238 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his

4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T