Shatrughan Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.21996 of 2016 (3) dt.27-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21996 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Shatrughan Paswan, Son of Late Mishri Paswan, Resident of village - Kanoushi, P.S. ( Garhpura ), District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Sadanand Paswan (Spl. APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Naokothi P.S. Case No. 12 of 2016 registered under Sections 302/34 and 120(B) of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) of the S.C.S.T. Act.

The accusation is that, on 27.02.2016, Swati Kumari, daughter of informant, was shot dead on P.C.C. road in course of returning from her school. The informant on receiving information about murder of his daughter went there and found his daughter dead. He raised suspicion against Prince Kumar Mahto, son of Rameshwar Mahto, who is the accused in a rape case lodged by the deceased, daughter of informant, as he was given threatening

Patna High Court Cr.Misc. No.21996 of 2016 (3) dt.27-07-2016 of dire consequences.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. rather in course of investigation the police got recorded the confessional statement of Rameshwar Mahto, father of named accused Prince Kumar, who disclosed that under conspiracy of Prince Kumar, Rameshwar Mahto and Karnal Paswan shot fire at the deceased and this petitioner was driving the motorcycle, on which, both were sitting on the said motorcycle. It is further submitted that petitioner has no criminal antecedent and is in custody since 31.03.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Begusarai, in connection with Naokothi P.S. Case No. 12 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T