Mahesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56355 of 2018 Arising Out of PS. Case No.-211 Year-2017 Thana- CHARPOKHARI District- Bhojpur ====================================================== Mahesh Paswan S/o Late Gllash Paswan, R/o Vill.- Kaup, P.S.- Charpokhari, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmatma Singh Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-10-2018 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Charpokhari P.S. Case No. 211 of 2017 dated 16.09.2017 instituted for the offences under Sections 302, 201, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act. The son of the informant did not return after having gone out of his house. When the informant went in search of his son, he was told by one Raj Kumari Devi that while returning from her place, the petitioners and about five others were accompanying the son of the informant and therefore the whereabouts the son of the
Patna High Court Cr.Misc. No.56355 of 2018(4) dt.30-10-2018 2/3 informant could be ascertained from only those named accused persons, including the petitioner. On the next day, the dead body of the deceased was found. It has, therefore, been suspected by the informant that the petitioner and five others, who were named by Raj Kumari Devi, as having accompanied the deceased have actually killed the deceased. Apart from such statement of Raj Kumari Devi and some other witnesses, who have only repeated what Raj Kumari Devi has said, there is no other material to connect the petitioner with the crime. Under similar circumstances, two of the accused persons, who have also been named by the aforesaid Raj Kumari Devi, have been granted bail vide order dated 19.06.2018, passed in Cr. Misc. No. 20740 of 2018. The petitioner does not have any criminal antecedents.
Regard being had to the aforesaid facts, the petitioner above-named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-X, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 211 of
Patna High Court Cr.Misc. No.56355 of 2018(4) dt.30-10-2018 3/3 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U