Satendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5055 of 2019 Arising Out of PS. Case No.-198 Year-2016 Thana- KOILWAR District- Bhojpur ====================================================== SATENDRA PASWAN, Male, aged about 28 years, son of Keshav Paswan @ Keshav Ram, Resident of village-Chandwa, P.S.- Koilwar, DistrictBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramanuj Tiwary, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 341, 323, 448, 303, 201, 120(B), 504 and 506 of the Indian Penal Code. Informant has stated in his fardbeyan that on 17.08.2016 his nephew deceased Yuvraj Singh had dispute with four co-villagers in a cultural programme on the occasion of Independence Day and thereafter they threatened that they will kill the deceased. It is further alleged that his nephew had gone to run in the evening but thereafter did not return and his dead body was found hanging on a tree on 17.08.2016. Informant has suspected that he has been killed by the eight

Patna High Court CR. MISC. No.5055 of 2019(4) dt.29-03-2019 2/3 persons as named in the FIR.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case only on the basis of suspicion and village rivalry and except suspicion there is no any other incriminating material against the petitioner. Petitioner has no criminal antecedent. There is no eye-witness of the occurrence and he is in custody since 17.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Koilwar P.S. Case No. 198 of 2016, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.5055 of 2019(4) dt.29-03-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T