Arjun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47566 of 2014 Arising Out of PS.Case No. -16 Year- 2013 Thana -BEERPUR District- BEGUSARAI ====================================================== Arjun Paswan, Son of Ramashish Paswan, Resident of Village- Haripur Kadirabad, P.S. Bachhwara, District Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 30-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Birpur P.S. Case No.16 of 2013 registered under Sections 364 and 302/34 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Begusarai.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. and in course of investigation the name of the petitioner has come in the confessional statement of the co-accused, Jagarnath Chourasiya, who has stated that with the help of this petitioner, he and two other co-accused committed the murder of Abdul Bahab. Except

Patna High Court Cr.Misc. No.47566 of 2014 (2) dt.30-04-2015 2/2 that, there is nothing against the petitioner to connect him in the commission of the alleged offence.

On the other hand, learned counsel appearing on behalf of the State submits that while the petitioner is not named in the F.I.R. but in course of investigation, the mobile bearing SIM No.9534840743 belonging to the petitioner was found to be used talking on other mobile in connection with the alleged offence. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T