Niraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75756 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== NIRAJ PASWAN Son of Harilal Paswan Resident of Village-Sukharghat, P.S.-Alamnagar (Ratwara), District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Alamnagar (Ratwara) P.S. Case No. 3 of 2019, disclosing offences punishable under Section 302/ 34 of the Indian Penal Code.

The date of occurrence as described in the written report of the informant, who is the father of the deceased, is 01.01.2019, leading to registration of F.I.R. on 03.01.2019. He named twelve persons, who had kidnapped the informant's daughter and killed her. The petitioner was not named in the F.I.R. During the course of investigation, on the basis of all call detail report (CDR) of the mobile phone number of the deceased, it was found that she had been talking to someone on

Patna High Court CR. MISC. No.75756 of 2019(3) dt.04-06-2020 2/2 a number, which was registered in the name of petitioner's father and was being used by the petitioner. On that basis, the petitioner has been implicated in the jail.

Learned counsel appearing on behalf of the petitioner has submitted that except for the said call detail report, there is absolutely no material against the petitioner, showing his involvement in commission of the offence. He has further submitted that there has been two days delay in lodging of the F.I.R. without any justification.

The petitioner is in custody since 16.07.2019. On perusal of the case diary, I find substance in submission made on behalf of the petitioner, this application is accordingly allowed.

Let the petitioner above named 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 the learned A.C.J.M. Udakishunganj, Madhepura in connection with Alamnagar (Ratwara) P.S. Case No. 3 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T