Surendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40587 of 2017 Arising Out of PS.Case No. -200 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Surendra Paswan Son of Mahendra Paswan Resident of Village-Baligarh Naya tola, P.S. Runnisaidpur, District-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2017 Heard the parties.

This application is for grant of regular bail in connection with Runnisaidpur P.S.Case No.200 of 2012 for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of making firing on the deceased causing his death.

Submission of the learned counsel for the petitioner is that the petitioner is suffering from leprosy and paralysis and he was under treatment at Mumbai at the time of occurrence in two hospitals and that has also been verified by the I.O. Further submission is that even I.G. has written about the same to the S.P. to verify the same. It has also been submitted that the petitioner is

Patna High Court Cr.Misc. No.40587 of 2017 (3) dt.10-10-2017 2/3 in custody since 24.5.2017.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that there is allegation against the petitioner and further the case is of the year, 2012 and the petitioner has surrendered in the year, 2017. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, considering the submissions, the learned trial court is directed to get Medical Board of Doctors of S.K.M.C.H. constituted and get the petitioner examined by that Board to find out as to whether he is suffering from leprosy and paralysis and as to what percentage of paralysis with which the petitioner is affected and once he will receive the report and being satisfied with the submissions that the petitioner is suffering from leprosy and paralysis, he will consider the prayer for bail of the petitioner.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.40587 of 2017 (3) dt.10-10-2017 3/3 U T