Dadan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65771 of 2019 Arising Out of PS. Case No.-113 Year-2018 Thana- KORANSARAI District- Buxar ====================================================== DADAN PASWAN S/O- Krishna Paswan Resident of Village- Phaphdar , P.S.- Murar, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudha Chandra For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 365, 201/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence took place on 11.09.2018 whereas the F.I.R. has been filed on 03.10.2018 after lapse of almost one month without explaining the plausible delay which creates doubt over the prosecution version. Moreover, the petitioner has not been named in the F.I.R. and the F.I.R. named accused

Patna High Court CR. MISC. No.65771 of 2019(2) dt.13-11-2019 2/2 has already been granted bail. The petitioner is rotting in custody since 30.07.2019.

Considering the facts and circumstances of the case, let the, above named, petitioner be released 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 J.M.-1st, Class, Buxar in connection with G.R. No. 3194 of 2018 arising out of Koransarai P.S. Case No. 113 of 2018.

(Arvind Srivastava, J) brajesh/- U T