Dharmveer Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15835 of 2024 Arising Out of PS. Case No.-517 Year-2022 Thana- DHANARUA District- Patna ====================================================== DHARMVEER PASWAN S/O LATE MAHENDRA PRASAD @ MAHENDRA PASWAN R/O VILLAGE- JIYAUDDIN CHAK, P.SDHANARUA, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-08-2024 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the bail petition.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks bail in connection with Dhanarua P.S. Case No.517 of 2022 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per prosecution case, co-accused Sushil Yadav is said to have fired upon the chest of informant's father as a result of which he fell down on the ground. It is further alleged that petitioner and other accompanied the assailant Sushil Yadav. It is further alleged that informant's father was taken to hospital but he was declared dead by the doctor.

Patna High Court CR. MISC. No.15835 of 2024(5) dt.23-08-2024 2/3

5. Learned counsel for the petitioner submits that petitioner is in custody since 16.08.2023. Learned counsel for the petitioner has submitted supplementary affidavit in which it has been mentioned that petitioner bears criminal antecedent of six cases in which he is on bail in all the cases. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. It is further submitted that petitioner is merely a member of mob and he is not in any way participated in the alleged occurrence. There is no specific overt-act attributed against the petitioner. Moreover, co-accused Shailesh Paswan on similar and identical allegation has already been granted bail by this Court vide Cr. Misc. No. 57583 of 2023 and on the principle of parity, petitioner deserves bail.

6. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

7. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record,co-accused has already been granted bail and on the principle of parity let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Masaurhi,

Patna High Court CR. MISC. No.15835 of 2024(5) dt.23-08-2024 3/3 Patna in connection with Dhanarua P.S. Case No.517 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

(iii) 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.

(iv) The trial court shall verify the criminal antecedent of the petitioner and in case at any stage, it if found that the petitioner has concealed his criminal antecedent, the trial court shall take step for cancellation of bail bond of the petitioner. (Alok Kumar Pandey, J) vashudha/- U T