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Patna High CourtCR. MISC./3428/2020bail granted

Pappu Paswan v. The State Of Bihar

2020-06-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3428 of 2020 Arising Out of PS. Case No.-627 Year-2019 Thana- BIHTA District- Patna ====================================================== Pappu Paswan Son of Parmanand Paswan Resident of Village - Daropur, P.S.- Rani Talab, Distt - Patna, Permanent Address - Prakanha Chowki, P.S.- Rani Talab, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Giri, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Bihta P.S. Case no. 627 of 2019 registered for offence under sections 302, 34 and 120B of the Indian Penal Code.

As per allegation in the F.I.R., it is stated that the son of the informant who started for his sasural did not reach there. He had been killed and his motorcycle was found on the road side. It is stated that the nine named accused persons including the petitioner and one Vijay Paswan have a hand in the occurrence. It is further stated that Parma Paswan, Vinay Paswan and Vijay Paswan had threatened that they would kill his son. It is submitted by learned counsel for the petitioner that so far as the petitioner is concerned, an unsubstantiated suspicion

Patna High Court CR. MISC. No.3428 of 2020(4) dt.04-06-2020 2/2 has been raised against him. He is not amongst the persons who had threatened the informant. He has no criminal antecedent and is in custody since 9.12.2019. Further co-accused Vijay Paswan has been enlarged on bail vide order dated 18.12.2019 (Annexure-2) passed in Cr. Misc. No. 67518 of 2019. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioner had also threatened the informant. The petitioner is named in the F.I.R. and materials have transpired against him in course of investigation.

Having heard learned counsel for the parties and taking into consideration the facts of the petitioner being in custody since 9.12.2019 and grant of bail to the co-accused, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bihta P.S. Case no. 627 of 2019 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Danapur.

Bibhash/- (Partha Sarthy, J) U T