Prem Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46110 of 2015 Arising Out of PS.Case No. -196 Year- 2015 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================

1. Prem Paswan Son of Pamreshwar Paswan, Resident of Mohalla - Bela Shankar, Police Station - L.N.M.U., District - Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 341, 342, 323, 324, 326, 327, 504, 506 and 34 of the I.P.C Allegedly, the informant and his friend Vikram Paswan were assaulted by the petitioner and other co-accused and on the order of co-accused Santosh Sah again all the accused persons assaulted the informant and his friend Vikram Paswan resulting Vikram Paswan fell down and became senseless and the informant was brought near the Durga Temple where the petitioner and co-accused caught hold the informant and Santosh

Patna High Court Cr.Misc. No.46110 of 2015 (4) dt.29-02-2016 2/2 Sah gave dagger blow on his back and Md. Bhutur was also assaulting him but due to assemblance of nearby people the informant was saved.

Submission is of false implication and that against the petitioner there is only allegation for catching hold the informant, he has not assaulted with dagger and he is suffering in custody since 09.08.2015 and as such now he deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the petitioner has got criminal antecedent. In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to 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 C.J.M. Darbhanga in L.N.M.U. P.S. Case No. 196 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T