Rahul Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52865 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== RAHUL PASWAN, Son of Amarjit Paswan @ Sutta Paswan Resident of Village - Pachahara Khurd, P.S.- Kusheshwar Asthan and Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-08-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kusheshwar Asthan P.S. Case No. 23 of 2019, registered under Section 302, 201 and 120(B) of the Indian Penal Code, pending in the court of the Judicial Magistrate, Biraul, Darbhanga.

The accusation is that on 23.01.2019 at 9.00 P.M. the informant Ramnath Yadav was at his house. In the mean time, his villager Bechan Yadav came and accompanied the Raghunath Yadav, brother of the informant, but he did not return to the house. Thereafter, informant started searching of his brother and during the course of search, he come to know

Patna High Court CR. MISC. No.52865 of 2019(2) dt.23-08-2019 2/2 that a dead body is lying near the brick kiln of Jibachh Jha then informant reached there and identify the body of his brother. Learned counsel appearing on behalf of the petitioner submits that in course of investigation, the Police recorded the confessional statement of Bechan and one Gabar, who confessed about killing of brother of informant with the help of petitioner due to non giving of share in theft money by the deceased Raghunath Yadav.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T