Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81632 of 2019 Arising Out of PS. Case No.-79 Year-2017 Thana- PIRI BAZAR District- Lakhisarai ====================================================== SHANKAR PASWAN, aged about 44 years, Male, S/o Late Saryug Paswan, R/o village- Maheshpur, P.S.- Piri Bazar, District- Lakhisarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Mukesh Kumar, Adv.

For the Opposite Party :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 19-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing. The petitioner seeks pre-arrest bail in connection with Piri Bazar P.S. Case No. 79 of 2017, registered under Sections 302 and 120B of the Indian Penal Code and 27 of the Arms Act. The accusation is that at about 09.00 a.m. on 13.09.2017 Ramdeo Paswan, village of informant, Shyamaljee Sahai, informed him about lying of his brother, Gopaljee Sahai, near the house of Mukhiyajee in village Laxmipur, then, he went there and saw his brother, Gopaljee Sahai, lying on road sustaining fire arm injury on chest. Informant raised suspicion that unknown persons committed murder of his brother.

Submission is that the petitioner is not named in the first information report. In course of investigation, after five days of the occurrence, after lodging the case, informant gave an application to the effect, he came to know that Mithun Mahto put his lock in a room, removing the lock of the cooperative society. Mithun Mahto, Vijay

Patna High Court CR. MISC. No.81632 of 2019(5) dt.19-06-2020 2/2 Mahto and Munna Mahto had taken loan from cooperative, which was being demanded by the deceased brother of the informant, then, they have given threatening. Rs.1,25,000/- was also due against Prabha Devi, Member of Zila Board and he, further, stated that the loan amount was also demanded by his deceased from Prabha Devi, then, Prabha Devi along with her son-in-law, Shankar Paswan had committed the murder of his brother. Except that nothing has been collected by the investigating officer in course of investigation against the petitioner.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Piri Bazar P.S. Case No. 79 of 2017 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T