Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37071 of 2018 Arising Out of PS. Case No.-66 Year-2017 Thana- GHOSBARI District- Patna ====================================================== Mukesh Paswan S/o Naresh Paswan, R/o Vill.- Ramjanampur, P.S.- Asthwan, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Ghoswari P.S. Case No. 66 of 2017 registered for offences under sections 302, 120(b), 201/34 of the Indian Penal Code and Section 27 of the Arms Act. As per First Information Report, on 15.10.2017 at 6 O'clock in the evening, one Ramu Paswan came at the brick kiln of the Informant and requested to his brother to go along with him in order to bring labor. The brother of the Informant went with Ramu Paswan, whereafter, he did not return. Later on, his body was found at Mokama Sarmera NH-82 Road. Learned counsel for the petitioner submits that the name of the petitioner has surfaced during investigation by way of confessional statement of the co-accused. He further submits

Patna High Court Cr.Misc. No.37071 of 2018(3) dt.04-07-2018 2/2 that neither in the First Information Report nor any material, except the confessional statement, has come against the petitoiner to show involvement in the present case. The petitioner has got criminal antecedent.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

If the petitioner would surrender before the court below within a period of three weeks from today and prays for bail, the court below will consider the same and pass orders on the merit of the case without being prejudiced by this order. (Shivaji Pandey, J) rishi/- U T