Subodh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38220 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Subodh Paswan son of Late Sajiwan Paswan resident of Village- Khartari, P.S.- Chiraiya, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gopal Sharan Singh For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 302, 201 and 120B of the Indian Penal Code.
Prosecution case, as per statement of the Chaukidar, is that on secret information he went near Khartari Masjid and found half-burnt dead body thrown away on the road with intention to destroy evidence.
It is submitted on behalf of the petitioner that he has got no criminal antecedent. No allegation of tampering of witnesses is alleged against him. Petitioner is not named in the F.I.R. The name of petitioner has come on the basis of confessional statement of the co-accused. Except for this, there is no other substantive evidence to suggest his implication in the present case. On behalf of the State, it is submitted that petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the
Patna High Court Cr.Misc. No.38220 of 2016 (3) dt.13-12-2016 2/2 above named petitioner, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Dhaka, East Champaran, Motihari, in connection with Chiraiya P.S. Case no. 24 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) sudip/- U T