Ganga Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31637 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Ganga Ram Paswan, S/o Late Bindeshwar Paswan, R/o VillageHariharpur, P.S.- Teghra, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Narayan Mr. Shyameshwar Dayal For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Teghra P.S. Case No. 86/16, G.R. No. 884/2016 for offences punishable under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, as lodged by the informant, is that his daughter-in-law received a phone from the neighbour Chhotu Kumar that the informant's son Parmanand has been killed. On reaching the place of occurrence, the injured Parmanand disclosed the name of the petitioner along with two other persons and during course of treatment, he succumbed to the injuries. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.31637 of 2017 (4) dt.28-08-2017 2/3 petitioner that he is innocent, has not been named by said Chhotu Kumar, who has filed an affidavit that some unknown criminals have killed the deceased Parmanand and he was dead long before he reached the place of occurrence and the witnesses have also stated on affidavit that the police has not recorded their statement. He submits that there is no eye-witness to the alleged occurrence and the injury found on the deceased are two in number, although three persons have been named in the First Information Report and it is not known as to on whose injury the deceased succumbed. He submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and the petitioner is in custody since 12.04.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No. 86/16, G.R. No. 884/2016, subject to the condition that one of the bailors would be a close relative of the petitioner

Patna High Court Cr.Misc. No.31637 of 2017 (4) dt.28-08-2017 3/3 having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T