Raju Paswan @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81185 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- SARAI RANJAN District- Samastipur ====================================================== RAJU PASWAN @ RAJU KUMAR Son of Shiv Jee Paswan Resident of Village - Chaita, P.S.- Ujiarpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Narayan Roy, Adv.
For the Opposite Party/s :
Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 22.01.2019 in a case registered for the offences punishable under Sections 120B, 302, 364 and 34 of the Indian Penal Code.
The prosecution case as per the written report of Uma Devi submitted to the S.H.O., Sarairanjan Police Station is to the effect that on 06.01.2019 at 6.00 P.M., the elder son of the informant, namely, Rohan Kumar, aged about 24 years went to ease out and thereafter he went traceless. Subsequently, on 07.1.2019 at 12.15 P.M., the dead body of the
Patna High Court CR. MISC. No.81185 of 2019(9) dt.11-12-2019 2/3 son of the informant was recovered. It is alleged that eight accused persons, including the petitioner, three days prior to the occurrence with regard to some dispute had given life threatening to the informant.
It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against the petitioner and there is no direct evidence or any eye witness to the alleged occurrence. Moreover, the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP for the State after going through the case diary submits that that the petitioner was seen around the place of occurrence few days prior the elder son of the informant became traceless and the petitioner is alleged to have given life threatening few days before the alleged occurrence to the elder son of the informant. Considering the substantial nature of accusation and the investigation already being concluded, 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 1st A.D.J.,
Patna High Court CR. MISC. No.81185 of 2019(9) dt.11-12-2019 3/3 Samastipur, in connection with S.T. No. 267 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T