Parshuram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54123 of 2024 Arising Out of PS. Case No.-3 Year-2023 Thana- C.B.I CASE District- Patna ====================================================== Parshuram Paswan Son Of Kitab Manjhi Resident Of Village - Paktari Mishrain, P.O. - Bairiya, P.S. - Kataiya, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv Dr. Bipin Chandra, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh Mr. Avanish Kumar Singh, S.P.P, C.B.I MR. Ambar Narayan, Advocate Mrs. Barkha, Advocate Mr. Mukul Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024 1.

Heard learned senior counsel for the petitioner, Shri Yogesh Chandra Verma, ably assisted by Shri Bipin Chandra, learned A.P.P. for the State and the learned counsel appearing on behalf of the C.B.I, Shri Avanish Kumar Singh. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 224, 216, 120B, 34, 302, 201, 202, 203, 217, 218 and 331 of the Indian Penal Code.

3.

The learned senior counsel for the petitioner submits that the informant alleges that Rajnath Sharma was arrested in connection with Kataya PS Case No. 189 of 2021 and was in the police lockup and informant was on duty on 7-6-

Patna High Court CR. MISC. No.54123 of 2024(3) dt.30-08-2024 2/3 2021, further, at 8 pm, he took Rajnath Sharma for attending natures call, but Rajnath Sharma on pretext that he is having pain in his hand fled from the police station after pushing him. 4.

The learned counsel appearing on behalf of the CBI from perusal of the pleadings, documents and based on instruction, submits that Rajnath Sharma after his arrest was not produced before the learned Magistrate in terms of Section 177 Cr.P.C, thus his brother filed Cr.WJC No. 535 of 2022 seeking issuance of a writ of habeas corpus, as Rajnath Sharma was not produced before the learned Magistrate soon after his arrest, based on which, this Court by order dated 6-2-2023 in Cr.WJC No. 535 of 2022 directed the CBI to investigate the case based on which the CBI instituted RC 0922023S0003 and during the course of investigation, Suman Kumar Mishra, S.H.

Patna High Court CR. MISC. No.54123 of 2024(3) dt.30-08-2024 3/3 custody died but still instituted the instant false FIR. 5.

The learned counsel appearing on behalf of the CBI further submits that in compliance of the order dated 29-8-2024, oral instruction has been sought from the department, it is next submitted that he has instruction not to oppose the anticipatory bail application of the petitioner, as the petitioner has helped the CBI in cracking the case during investigation and is still helping in the investigation.

6.

Considering the submissions made by the learned counsel appearing on behalf of C.B.I, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with C.B.I. RC Case No. 3 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T