Chhathan Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.23767 of 2016 (4) dt.08-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23767 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -AMBA District- AURANGABAD ====================================================== Chhathan Paswan son of Byas Paswan resident of Village- Barka Gaon, Police Station- Amba, District- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Amba P.S.Case No.16 of 2016 registered for an offence under Sections 302/34 of the Arms Act.

As per the prosecution case, it is a case of murder of one Baban Ram whose body was found hanging on a neem tree. Learned counsel for the petitioner submits that the petitioner is in custody since 15.03.2016. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the case. Petitioner has been named in the FIR merely on the basis of suspicion. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to

Patna High Court Cr.Misc. No.23767 of 2016 (4) dt.08-08-2016 show the implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 CJM, Aurangabad in connection with Amba P.S.Case No.16 of 2016. (Sudhir Singh, J) B.Kr./- U T