Shankar Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19721 of 2015 Arising Out of PS.Case No. -95 Year- 2014 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Shankar Paswan S/o Late Hariday Paswan

2. Santosh Paswan

3. Ashok Paswan Both Sons of Shankar Paswan

4. Pappu Paswan

5. Ganaur Paswan Both sons of Shivji Paswan All Resident of Village- Dwarika Nagar, P.S.- Mushari DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Onkar Nath For the Opposite Party/s : Mr. Smt. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-07-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Musahri P.S. Case No. 95 of 2014 registered for the offences punishable under Sections 302, 364 & 201/34 of the Indian Penal Code.

Daughter of the informant disappeared from the house when the informant and other family members were busy in worship and after two days her dead body was found in a nearby pond and the informant alleges that the petitioners and others have committed the crime due to previous enmity.

Submission is of false implication and that there is nothing but only suspicion, there is no direct or circumstantial evidence against the petitioners and due to dirty politics they have been implicated having no criminal antecedent. In the entire case diary up-to 22.05.2015 no cogent material has come against the petitioners. Witnesses examined have named the petitioners only on suspicion and in this case co-accused Manish Paswan @ Manoj Paswan has been allowed regular bail vide order dated 04.03.2015 passed in Cr. Misc. No. 1884 of 2015 and, as such the petitioners deserve sympathetic consideration to which the learned APP opposes by submitting that the investigation is still going on and after the occurrence the petitioners were eating and drinking in the house of Shivjee Paswan.

Considering the submissions aforesaid, noticing that there is no direct or circumstantial evidence against the petitioners and during investigation up till now no cogent material has come, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Musahri P.S. Case

No. 95 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T