Rajendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57637 of 2015 Arising Out of PS.Case No. -67 Year- 2015 Thana -BIRPUR District- SUPAUL ======================================================
1. Rajendra Paswan Son of late Moti Paswan Resident of VillageBanalipatti ,P.s Birpur, District Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-01-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Birpur P.S. Case No. 67 of 2015 registered for offences punishable under Sections 302/201/326/(A) and 34 of the Indian Penal Code. The prosecution story as narrated in the F.I.R. on the basis of written application of one Ranju Devi is that on 13.04.2015 in the evening her husband went outside her house towards east to attend call of nature but he did not return and his dead-body was found hanging in a bamboo clump at the height of 10 ft. The face of the dead-body was defaced by putting acid. After arrival of police and flying squad, a sniffer dog was called who after smelling the sandal and deadbody of the deceased on his own entered into the house of the petitioner and other accused persons. It has been submitted by learned counsel for the petitioner
Patna High Court Cr.Misc. No.57637 of 2015 (2) dt.14-01-2016 P2/2 that there is no direct material against the petitioner and he has a fair antecedent. It has further been submitted by the counsel for the petitioner that some of the co-accused against whom such general allegations have been made like that of the petitioner have since been granted the privilege of anticipatory bail in Cr. Misc. No.44528 of 2015 on 13.10.21015 and in Cr. Misc. No. 51436 of 2015 on 10.11.2015 by a Co-Ordinate Bench of this Court. I do not propose to take different view on similar allegations. Furthermore, it has been stated that the petitioner being on inimical terms with the informant's side has been falsely implicated.
Considering the aforesaid facts, let the petitioner Rajendra Paswan in the event of his arrest/surrender within a period of 12 weeks from today before the Court below 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 Sub-Divisional Judicial Magistrate, Birpur in the district of Supaul in connection with Birpur P.S. Case No. 67/2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Nilu Agrawal, J) Saif/- U T