Anil Paswan @ Anil Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22831 of 2018 Arising Out of PS.Case No. -211 Year- 2017 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Anil Paswan @ Anil Kumar Paswan, S/o Ram Chandra Paswan @ Ramchandra Ram, R/o Village - Kaup, P.S. - Charpokhari, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 16.09.2017 in connection with Charpokhari P.S. Case No.211 of 2017 registered for the offence under Sections 302, 201, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the entire allegation against the petitioner is based on the statement of one Raj Kumari Devi, who is said to be the maid of the informant and had allegedly seen the petitioner quarrelling with the deceased-son of the informant in the nearby Gali. Learned counsel for the petitioner further submits that the body of the deceased was found in the paddy field and not at the

Patna High Court Cr.Misc. No.22831 of 2018 (3) dt.26-04-2018 2/2 alleged place where the quarrel has taken place. There is no element of enmity between the parties and only on speculation, his name has been included in the F.I.R. by the maid of the informant.

Having considered the entire facts and circumstances of the case and also upon consideration of the submission advanced by the informant, it appears that save and except the speculation, there is no further material in the case diary.

Under such circumstances and that the petitioner has no criminal antecedents, 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 the learned Additional Chief Judicial Magistrate-x, Bhojpur, Ara, in connection with Charpokhari P.S. Case No.211 of 2017.

(Anjana Mishra, J) PNM U T