Patna High CourtCR. MISC./58071/2017allowed

Bijali Paswan @ Bijuli Paswan v. The State Of Bihar

2018-01-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58071 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -PARAIYA District- GAYA ====================================================== Bijali Paswan @ Bijuli Paswan, son of Late Rajendra Paswan, resident of Village- Kamaldah, Police Station- Paraiya and District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Opposite Party/s : Mr. Sri Akbar Ali, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.

According to FIR, four persons including the petitioner fired at the son of the informant in the field side causing his death.

Learned counsel for the petitioner submits that in fact, the informant is not an eye witness of the occurrence rather he falsely implicated the petitioner and others afterwards. The prosecution allegation is falsified by the postmortem report, wherein the Doctor has noticed single firearm injury and two

Patna High Court Cr.Misc. No.58071 of 2017 (4) dt.08-01-2018 injuries by hard and blunt substance. Petitioner is in custody since 02.08.2017.

Considering the facts that it is difficult to attribute as to who out of four persons had caused single firearm injury, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Paraiya Police Station Case No.10 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T