Tiraju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59219 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== TIRAJU PASWAN, aged about 25 years, Male, S/o Rajnath Paswan, R/o Village- Manas, Naya Panapur, P.S.- Akilpur, District- Chhapra (Saran). ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Binod Murari Mishra, Advocate.

For the Opposite Party :

Mr.Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case for the offence registered under Sections 363, 365 of the IPC. Later on, Section 302 of the IPC was also added.

The prosecution story, in brief, is that the husband of the informant Sanjeev Sao left home on 20.02.2019 at 8.30 A.M. over his Motorcycle for going to R-Block. He has not called back since 6.30 P.M. and when she tried to call him, his phone came switched off then she tried to locate him but failed. She further stated that her husband has relation with one woman

Patna High Court CR. MISC. No.59219 of 2019(2) dt.23-10-2019 2/3 named Rakhi. Moreover, he has dealing with Rajesh, Arvind, Tarkeshwar and other persons.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 01.03.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional statement of co-accused. Except for this there is no substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence. Other coaccused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 44664 of 2019 under order dated 27.09.2019.

On behalf of the State and the informant, it is submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.

Patna High Court CR. MISC. No.59219 of 2019(2) dt.23-10-2019 3/3 IV, Patna, in connection with Shastri Nagar P.S. Case No. 173 of 2019.

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