Bipin Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15679 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- DANDARI District- Begusarai ====================================================== BIPIN PASWAN Son of Mr. Ugandev Paswan Resident of village - Sughran Pirarwa Tola, P.S.- Dandari, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate For the Informant : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 31.07.2022 in connection with Dandari P.S. Case No. 72 of 2022, F.I.R. dated 26.07.2022 registered for the offence punishable under Sections 302/34 of IPC.

3. Allegation against the petitioner and co-accused is of causing death the son of the informant by strangulating.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion that the petitioner has illicit relation with the daughter-in-law of the informant. Further submits that the

Patna High Court CR. MISC. No.15679 of 2023(3) dt.25-07-2023 2/3 informant is not the eye witness of the alleged occurrence. Further submits that during investigation no material has come against the petitioner to suggest the involvement of the petitioner in the present occurrence, except the suspicion. Further submits that the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 31.07.2022.

5. Learned counsel for the informant and learned A.P.P. for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits the petitioner has strong motive behind the present occurrence.

6. Considering the aforesaid facts, let the petitioner, above named, 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 learned C.J.M., Begusarai in connection with Dandari P.S. Case No. 72 of 2022,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled

Patna High Court CR. MISC. No.15679 of 2023(3) dt.25-07-2023 3/3 by the Court below.

(II) 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.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T