Birbal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 62961 of 2017 Arising Out of PS.Case No. -89 Year- 2013 Thana -KUTUMBA District- AURANGABAD ====================================================== Birbal Paswan, S/o Shri Sita Ram Paswan, Resident of VillageMoharkarma, Post Office- Simri Dhamni, Simri, Nabinagar Road, Police Station- Mali, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms Nivedita Nirvikar, Advocate For the S t a t e : Smt Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-02-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 302/34 of Indian Penal Code, Section 27 of Arms Act and Section 17 of CLA Act.

It is submitted that on the basis of confessional statement made by one co-accused Binda Singh, the petitioner has been implicated in this case which has been lodged against unknown persons regarding murder of two victims. It is submitted that other than the statement of said Binda Singh, nothing has come against the petitioner during course of investigation and the said Binda Singh has already been granted bail by this Court in Cr Misc No 4502 of 2015. In many of the cases referred to in

Patna High Court Cr.Misc. No.62961 of 2017 (4) dt.21-02-2018 2/2 paragraph 3 of the petition, as pending against the petitioner, he is already on bail. He is in custody in this case since 12.09.2017. Charge sheet has been submitted.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court VII, Aurangabad in Kutumba Police Station Case No 89 of 2013 corresponding to Sessions Trial No 221 of 2015/360 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T