Patna High CourtCR. MISC./9436/2018bail granted

Gariban Paswan v. The State Of Bihar

2018-03-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9436 of 2018 Arising Out of PS.Case No. -141 Year- 2017 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Gariban Paswan, Son of Late Jagdeo Paswan Resident of VillageHaripur, P.S. Rahui, District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

Allegation against the petitioner and his family members is that they committed murder of the son of the informant who was son-in-law of this petitioner. Submission of the learned counsel for the petitioner is that the case-diary would reveal that there is no eyewitness of the occurrence. In fact, the victim died of hanging due to some dispute with his wife. The doctor has found the case of hanging and just to pressurize the false case has been lodged.

Patna High Court Cr.Misc. No.9436 of 2018 (3) dt.30-03-2018 P2/ Considering the aforesaid fact that there is no substantial material against the petitioner, let the petitioner, above named, be released on bail 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 Rahui P.S. Case No.141 of 2017, with condition that 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) Mkr./- U T