← Library
Patna High CourtCR. MISC./8543/2017bail granted

Chhotu @ Chotee @ Satyendra Paswan v. The State Of Bihar

2017-03-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8543 of 2017 Arising Out of PS.Case No. -319 Year- 2016 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Chhotu @ Chotee @ Satyendra Paswan, son of Late Gulab Chand Paswan, Resident of Village- Mathuri Tola, P.O. Dalmia Nagar, P.S. Dehri, DistrictRohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Brajesh Tiwary, Advocate. For the Opposite Party : Mr. Shyameshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 23.06.2016 in connection with Dehri (T) P.S. Case No. 319 of 2016 for the offences instituted under Sections 302/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 21.06.2016 at 16.30 P.M. four persons including the petitioner took the husband of the informant on the pretext of making Litee Chokha. Thereafter, the informant came to know that her husband has been killed. She has raised suspicion that four persons including the petitioner have killed her husband.

Patna High Court Cr.Misc. No.8543 of 2017 (2) dt.16-03-2017 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.06.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. He has falsely been implicated in the present case. It is, at best, a case of last seen. There is no eye witness to the alleged occurrence. The other co-accused have been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 46792 of 2016 and its analogous case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned S.D.J.M. Dehri-onSone, Rohtas in connection with Dehri(T) P.S. Case No. 319 of 2016.

U.K./- (Sudhir Singh, J) U T