Amarnath Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11785 of 2017 Arising Out of PS.Case No. -43 Year- 2014 Thana -DUMARIA District- GAYA ====================================================== Amarnath Paswan, Son of Mugeswar Paswan, Resident of VillagePokharpur, Police Station- Dumaria, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. (Dr.) Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 18.12.2016 in connection with Dumaria P.S. Case No. 43/2014 for offences punishable under Sections 302, 120-B/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as lodged by the informant, is that he learnt that some unknown persons came on motorcycle and after killing his father fled away. Informant has suspicion that since two days prior to the date of occurrence there was hot talk between his father and the petitioner for accounting the contract money and petitioner had threatened to kill, he has committed the murder of his father.
Patna High Court Cr.Misc. No.11785 of 2017 (3) dt.13-04-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case as there was some hot talk between the two families two days prior to the date of occurrence and that the petitioner has no criminal history. He submits that it is only on the basis of suspicion that the petitioner has been made accused and even in the case diary the interested witnesses have not supported the prosecution case.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sherghati, Gaya, in connection with Dumaria P.S. Case No. 43/2014.
(Nilu Agrawal, J) Rajesh/- U T