Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38226 of 2017 Arising Out of PS.Case No. -531 Year- 2016 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Shambhu Paswan Son of Krishna Paswan @ Kishnu Paswan, R/o Village- Kanti Goshai Tola,P.S.- Kanti, District- Mauzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kanti P.S.Case No.531 of 2016, registered for offences punishable under Sections 147, 148, 149, 307, 302 of the Indian Penal Code. Allegation against the petitioner and other accused persons is of making incriminating firing upon the deceased causing his death and apart from that; there is allegation against the petitioner of firing and causing injury to one Arvind Kumar. Submission of the learned counsel for the petitioner is that Arvind Kumar in his statement before the police has not named this petitioner and though there is general allegation of indiscriminate firing on deceased but only one injury has been found on the person of the deceased in the postmortem report.

Patna High Court Cr.Misc. No.38226 of 2017 (3) dt.31-08-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., (West), Muzaffarpur in connection with Kanti P.S.Case no.531 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T