Dharo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8202 of 2019 Arising Out of PS. Case No.-32 Year-2018 Thana- DANDARI District- Begusarai ====================================================== Dharo Paswan Son of Ram Badan paswan Resident of Village - Balha, P.S.- Dandari, District- Begusarai- 851130 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP 138 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant is eye-witness of the occurrence. Petitioner and co-accused Sharvan Kumar @ Sharwan Kumar allegedly fired from their specific pistol causing injury just above the waist of the informant. The doctor has found two wounds of entry and two wounds of exit at the left abdomen of the informant caused by firearm.

Submission is that co-accused Sharvan Kumar @ Sharwan Kumar having identical allegation has been allowed bail by a co-ordinate Bench of this Court in Criminal

Patna High Court CR. MISC. No.8202 of 2019(3) dt.26-04-2019 2/2 Miscellaneous No. 75397 of 2018. Petitioner is in custody since 23.08.2018.

It appears that Sharvan Kumar @ Sharawan Kumar has granted bail only after completion of one year in custody. Hence, let the petitioner, above named, be released on bail after completion of one year of custody if the trial is not concluded in the meantime on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dandari P.S. Case No. 32 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Banti/Rajan U T