The Patna High Court granted bail to Santosh Paswan, accused of murder and arms offenses, due to the suspicion-based nature of the accusation and lack of eyewitness testimony, subjecting him to a bail bond with two sureties.
Petitioner released on bail by furnishing bonds of Rs.10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20424 of 2015
Arising Out of PS.Case No. -90 Year- 2013 Thana -RAJPUR District- BUXAR ====================================================== Santosh Paswan son of Sidhnath Paswan, resident of village- Mahadah, P.S. Buxar (M), District- Buxar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-07-2015 Heard learned counsels for the petitioner and the State. The petitioner has been remanded in the present case on 23.02.2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the informant was participating in a Tilak ceremony when he received a massage that his father Uma Choudhary and uncle Lalan Choudhry died due to bullet injuries. The informant came home and found the dead body of the victims with bullet injuries when suspicion was raised against the agnates due to land dispute. The petitioner was apprehended in Rajpur P.S. Case No. 181 of 2013 where he
Patna High Court Cr.Misc. No.20424 of 2015 (2) dt.07-07-2015
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confessed to have committed the offence.
It is submitted by learned counsel for the petitioner that there is no eye witness and only on suspicion and the confession before the police the petitioner has been roped in the present case. The investigation has already concluded. Though, the petitioner is accused in eight other cases, but out of that he has been acquitted in two cases and in the rest cases he is on bail.
Considering the suspicion nature of accusation, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 90 of 2013.
The learned court below will be at liberty to cancel the bail bonds of the petitioner, if he substantially gets involved in some serious nature of offence or defaults for two consecutive occasions.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner accused of murder under Sections 302/34 IPC and 27 Arms Act.
2 provisions across 2 enactments
Santosh Paswan
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
