Pankaj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26344 of 2021 Arising Out of PS. Case No.-113 Year-2018 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== PANKAJ PASWAN Son of Baban Paswan Resident of Village- Baijnathpur, P.S.- Kudra, District- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sati Ranjan Jamaiyar For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and other ancillary Sections of the Indian Penal Code.

As per the prosecution case, co-accused, Jagdish Paswan, Lav Kush Paswan, Pappu Paswan and this petitioner assaulted the brother of informant with slaps, Lathi and Danda etc. When the informant went to save his brother then they also assaulted him with Lathi, Danda causing head injury.

Learned counsel appearing for the petitioner submits that there is general and omnibus allegation of assault. No specific overt act has been alleged against this petitioner. Similarly situated accused, Jitendra Sah, Lavkush Paswan, Jagdish Paswan and Pappu Paswan have already been granted bail by coordinate Benches of this court vide orders passed in Cr. Misc. No. 54003/ 2018, 62818/ 2018,

Patna High Court CR. MISC. No.26344 of 2021(3) dt.06-08-2021 2/2 69490/2018 and in Cr. Misc. No. 83486 of 2019 respectively. Petitioner is in custody since 31.01.2021.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Chief Judicial Magistrate, Kaimur, Bhabua in connection with Kudra PS case No. 113/2018 on the following conditions:-

(1) 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 by the Court below.

(2) 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.

(Prabhat Kumar Singh, J) BKS/- U T