Ramprit Paswan @ Ram Krishna Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40526 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ======================================================
1. Ramprit Paswan @ Ram Krishna Paswan son of Sri Bindeshwar Paswan, Resident of Village- Raghaupura, P.S.- Bahadurpur, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 Heard the parties.
The petitioner seeks regular bail in connection with Bahadurpur P.S.Case No.75 of 2017 , registered for offences punishable under Sections 147, 148, 149, 341, 342, 323, 324,307 and 302 of the Indian Penal Code.
In the F.I.R., altogether 21 accused persons have been made accused and allegation against the petitioner and one another co-accused is of stabbing the nephew of the informant, due to which he succumbed to the injuries.
Submission of the learned counsel for the petitioner is that though the petitioner is named in the F.I.R. as the assailant but in para nos. 9, 10, 52, 53, 54, 55 and 56 of the case diary, no specific allegation has been attributed against the petitioner rather
Patna High Court Cr.Misc. No.40526 of 2017 (3) dt.04-09-2017 2/3 there is general and omnibus allegation of assault against all the 21 accused parsons and there are five injuries on the person of the deceased. Further it is submitted that the petitioner is in custody since 16.4.2017.
Heard learned A.P.P. also, who has opposed the prayer for bail, however, he has considered the fact that as per the aforesaid paragraphs, submitted by the learned counsel for the petitioner, there is general and omnibus allegation against all the accused persons.
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., Darbhanga in connection with Bahadurpur P.S.Case No.75 of 2017.
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.
Patna High Court Cr.Misc. No.40526 of 2017 (3) dt.04-09-2017 3/3 With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T