Ram Iqbal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41558 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -DIDARGANJ District- PATNA ======================================================

1. Ram Iqbal Paswan aged about 25 years S/o Sri Bheemal Paswan R/v Fatehjangpur @Fetehzampur ,Ps. Didarganj, Distt Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42841 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -DIDARGANJ District- PATNA ======================================================

1. Birju Sao S/o Sri Rajdeo Sao, Resident of Village - Fatehpur, P.S. - Didarganj,District - Patna.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.41558 of 2015) For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) (In Cr.Misc. No.42841 of 2015) For the Petitioner/s : Mr. Amrendra Nath Vishawas For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offences punishable under sections 302, 120-B/34 of the Indian Penal Code and section 3(1)(x)/3(2)(v)of the S.C./S.T. (Prevention of Atrocities) Act.

The informant has alleged that her husband Naresh Paswan @ Sadhujee was working as a guard in the Godown of Vinay Babu. It is further alleged that on 28.04.2015 shot got information that her husband has been killed. When she

Patna High Court Cr.Misc. No.41558 of 2015 (3) dt.14-10-2015 reached at the Godown of Vinay Babu, the neighbours told that Tinku Kumar, Ram Iqwal Paswan and Birju Sah have killed her husband by strangulating his neck by Gamchha. It has been submitted on behalf of the petitioners that petitioner Ram Iqbal Paswan is in custody since 09.06.2015 and petitioner Birju Sao is in custody since 01.05.2015. Chargesheet has been submitted in the case. Petitioners have got no criminal antecedent. There is no allegation of tampering with the evidence against the petitioners. Petitioners have been named merely on the basis of suspicion. There is no direct or indirect evidence against the petitioners.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Sanjay Kumar IV, Judicial Magistrate, 1st Class, Patna City in connection with Didarganj P.S. Case No. 85 of 2015.

(Sudhir Singh, J) Amin/- U