Shiv Shankar Paswan @ Shiv Shankar Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5676 of 2023 Arising Out of PS. Case No.-336 Year-2021 Thana- PIPRA District- Supaul ====================================================== SHIV SHANKAR PASWAN @ SHIV SHANKAR KUMAR PASWAN Son of Narayan Paswan R/v- Sukhasan, Ward No. 9, P.S.- Kishanpur, DistrictSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 30.05.2022 in connection with Pipra P.S. Case No. 336/2021, F.I.R. dated 29.11.2021, for the offences punishable under Sections 302 of the IPC & Section 27 of the Arms Act. According to prosecution case, it is alleged that some unknown miscreants entered into the house of the informant and killed his grand father by making gunshot. When the informant awoke, he saw three accused persons were on motorcycle and one was fleeing away having pistol in his hand. Learned counsel for the petitioner submits that petitioner has has falsely been implicated in the present case. He

2/4 further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitionewr has not commited any offence as alleged in the F.I.R. He further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused, namely, Ajit Kumar and tower location of the mobile number. He further submits that till date no T.I.P. has been conducted by the prosecution and except the confessional statement of the co-accused, no other cogent material has come during investigation to suggest the involvement of the petitioner in the preseent occurrence. He further submits that similarly situated co-accused person, namely, Chintu Paswan @ Chintu Kumar has been granted bail by this Court vide order dated 19.06.

2023 passed in Cr. Misc. No. 6441/2023 and other co-accused, namely, Chanda Devi has been granted bail vide order dated 27.09.2022 passed in Cr. Misc. No. 37753/2022. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 30.05.2022.

3/4 antecedent other than the present one but fairly submits on the basis of para-3 of the bail petition that out of three cases, the petitioner is on bail in two cases.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-1st, Supaul in connection with Pipra P.S. Case No.336/2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T