Raushan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24720 of 2021 Arising Out of PS. Case No.-178 Year-2020 Thana- BASOPATTI District- Madhubani ====================================================== Raushan Paswan Son Of Biltu Paswan R/O Village- Mahinathpur, P.S.- Basopatti, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Miss Kusum Rani For the Opposite Party/s :

Mr. Chandra Bhushan Prasad A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Basopatti P.S. Case No. 178 of 2020, corresponding to CRI Case No. 1492 of 2020, registered for the offence under Sections 302, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, co-accused Ajeet Das alongwith two other unknown persons came on a motorcycle and Ajeet Das fired from his pistol in the stomach of father of the informant, as a result of which, during course of treatment, he died.

Petitioner is not named in the FIR. Name of the

Patna High Court CR. MISC. No.24720 of 2021(2) dt.20-07-2021 2/3 petitioner has come on the basis of confessional statement of coaccused Bachu Sharma. Specific allegation of firing is against co-accused Ajeet Das and save & except confessional statement, there is no direct or indirect evidence against this petitioner. Petitioner has got clean antecedent and is in custody since 09.12.2020.

Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioner is allowed. Let the above named petitioner 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 Sri R.K.Chhapauliya, learned Judicial Magistrate 1st Class, Madhubani in connection with Basopatti P.S. Case No. 178 of 2020, corresponding to CRI Case No. 1492 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.24720 of 2021(2) dt.20-07-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T