Raju Paswan Vs. the State of Bihar - Court Judgment

Excerpt:

.....appearance : for the petitioner : mr. r.singh ====================================================== coram: honourable mr. justice aditya kumar trivedi oral order (per: honourable mr. justice aditya kumar trivedi”23. 01-2012 heard learned counsel for the petitioner who has moved instant bail petition in baroon p.s.case no.81 of 2011. submission is that petitioner was apprehended at the railway station according to version of the informant while from annexure-2, fir of nabinagar p.s.case no.75 of 2011 petitioner was apprehended in course of chase by the villagers from village-sasana. so there happens to be the contradictory state of affair so far manner of apprehension of petitioner is concerned and that makes the whole prosecution case unreliable over complicity of petitioner is concerned. as such, call for the clear carbon copy of the case diary of baroon p.s.case no.81 of 2011 along with nabinagar p.s.case no.75 of 2011 from the court of chief patna high court cr.misc. no.3431 of 2012 (2) dt.23-01-2012 judicial magistrate, aurangabad and put up after the receipt of the case diary. (aditya kumar trivedi, j.) b.kr./-

Judgment:

Patna High Court Cr.Misc. No.3431 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3431 of 2012 ====================================================== Raju Paswan .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. R.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI”

23. 01-2012 Heard learned counsel for the petitioner who has moved instant bail petition in Baroon P.S.Case No.81 of 2011. Submission is that petitioner was apprehended at the railway station according to version of the informant while from Annexure-2, FIR of Nabinagar P.S.Case No.75 of 2011 petitioner was apprehended in course of chase by the villagers from village-Sasana. So there happens to be the contradictory state of affair so far manner of apprehension of petitioner is concerned and that makes the whole prosecution case unreliable over complicity of petitioner is concerned. As such, call for the clear carbon copy of the case diary of Baroon P.S.Case No.81 of 2011 along with Nabinagar P.S.Case No.75 of 2011 from the court of Chief Patna High Court Cr.Misc. No.3431 of 2012 (2) dt.23-01-2012 Judicial Magistrate, Aurangabad and put up after the receipt of the case diary. (Aditya Kumar Trivedi, J.) B.Kr./-