Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36924 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -RAJAULI District- NAWADA ====================================================== Sunil Paswan, Son of Satyadeo Paswan, Resident of Village- Kewal, P.S.- Sirdala, District- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Nayan, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 27.04.2018 in connection with Rajauli P.S. Case No.126 of 2018 registered for the offence under Sections 394, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner has been named in the F.I.R. only because he accompanied the deceased, the brother of the present informant, to the Bank, where the deceased had withdrawn Rs.1,80,000/- and subsequently, on his way back he was waylaid and shot dead. Learned counsel for the petitioner

Patna High Court Cr.Misc. No.36924 of 2018 (3) dt.24-08-2018 2/3 submits that there was perfect relation between the two parties and only on suspicion, the petitioner has been named in connection with the present case. Investigations have also revealed that the petitioner and the brother of the deceased as well as the entire family had cordial relation and there is no reason why the petitioner would participate in such occurrence. In fact, he had gone to collect his PIN from the Bank and on suspicion, since he had accompanied with the deceased in the Bank, the petitioner has falsely been implicated in connection with the present case. It is further submitted that the petitioner has no criminal antecedent and is languishing in jail on mere suspicion.

Diary in the present case was called for, which has since been received.

Learned counsel appearing on behalf of the State, after perusal of the case diary, fairly submitted that save and except the suspicion, there is no further material to implicate the present petitioner.

In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.36924 of 2018 (3) dt.24-08-2018 3/3 the learned Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case No.126 of 2018.

(Anjana Mishra, J) PNM U T