Jagdish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7877 of 2018 Arising Out of PS.Case No. -236 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ====================================================== Jagdish Paswan S/o Late Yogendra Paswan, Resident of Village-Baghi Maniyar, P.S.-Maniyari, Dist-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, in the present case, is seeking regular bail in connection with Maniyari P.S. Case No.236 of 2016 registered under Sections 147, 148, 149, 341, 323, 324, 307, 354(B), 447, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that earlier the prayer for regular bail of this petitioner was rejected vide order dated 10.08.2017 passed in Cr.Misc.No.36280 of 2017 as it was found that the investigation of the case is still pending at that time and petitioner had failed to submit any proof of age showing him of 80 years as claimed in the petition. Learned counsel submits that, at this stage, he has corrected the age of the

Patna High Court Cr.Misc. No.7877 of 2018 (2) dt.21-02-2018 petitioner stating that the petitioner is 63 years old. It is further submitted that the investigation in the case is now over and the petitioner has already remained in custody for about 10 months by now. It is further submitted by pointing out to the injury report that the nature of injuries shown in Annexure-3 with the present application cannot be said to have been caused by Bhala. Learned APP for the State is present.

Considering the facts and circumstances wherein this Court finds that now the investigation of the case is over and the petitioner has remained in custody for about 10 months by now as also the injury report does not show any repetition of blow and there is a counter case, as contained in Annexure-4, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Muzaffarpur in connection with Maniyari P.S. Case No.236 of 2016, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/- U T