Ram Pravesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84050 of 2019 Arising Out of PS. Case No.-324 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== RAM PRAVESH PASWAN Son of Tulasi Paswan @ Gujar Paswan Resident of Mohallah - Aropur, P.S.- Wajirganj, District- Gaya-805131 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 21.8.2019 in a case registered for the offences punishable under Sections 302 and 201/34 of the I.P.C.

The prosecution case as per the Fardbeyan of Siddheshwar Mistri recorded by the SHO, Wazirganj Police Station on 11.10.2018 at 4.00 P.M. at the house of the informant in village Budhaul is to the effect that the daughter of the informant namely, Baby Devi was married with Rajeev Vishwakarma. For about ten years after the marriage, the daughter of the informant was residing with the informant. On 9.10.2018 at 7-8.00 P.M., the victim who was driving an auto rickshaw went to Rajauli and informed that he will return next day but he did not return. Next day,

Patna High Court CR. MISC. No.84050 of 2019(2) dt.18-12-2019 2/3 his dead body was recovered. Since there was dispute between the petitioner and others and the deceased, accusation has been levelled against the petitioner. It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled. The investigation has already been concluded. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Moreover, similarly situated co-accused Preman Paswan and Subodh Paswan against whom suspicion has been raised in the FIR, have been granted bail vide order dated 6.12.2019 passed in Cr. Misc. No. 80352 of 2019 by a Coordinate Bench of this Court.

Learned APP submits that there was a dispute between the victim and petitioner and he is named in the FIR. Considering the suspicious nature of accusation and the fact that other co-accused has been granted bail by the Co-ordinate Bench of this Court and the period in custody, coupled with the fact that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.84050 of 2019(2) dt.18-12-2019 3/3 amount each to the satisfaction of the learned CJM Gaya in connection with Wazirganj P.S. Case No.324 of 2018. (Dinesh Kumar Singh, J) anil/- U