Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44550 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================

1. Sanjay Paswan son of Tengari Paswan resident of Village & P.S. Kochas, District Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 15.05.2017 in connection with Kochas P.S. Case No. 52 of 2017 for offences punishable under Sections 302, 201, 120(B) of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that her husband, being a truck driver, while taking the truck loaded with goods, the petitioner along with two others intercepted and took away the informant's husband and killed him by assaulting and his dead body was taken away to another place. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history. He

Patna High Court Cr.Misc. No.44550 of 2017 (3) dt.21-11-2017 2/2 submits that allegation is general and omnibus against all the accused persons and that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner along with others have killed the informant's husband by means of iron rod. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner and accordingly, his prayer for bail stands rejected in connection with Kochas P.S. Case No. 52 of 2017 pending before learned Additional Chief Judicial Magistrate-I, Rohtas at Sasaram.

However, the petitioner will co-operate in the disposal of the trial and once the charge has been framed, the learned court below will release the petitioner on bail on its own satisfaction. (Nilu Agrawal, J) sushma/- U T