Bhera Lal Paswan @ Dayashankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63915 of 2018 Arising Out of PS. Case No.-245 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Bhera Lal Paswan @ Dayashankar Paswan Son of late Ramesh Paswan Resident of Village Karhaiji, P.S. Belsar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Hajipur Sadar P.S. Case No. 245 of 2018 registered for the offence punishable under Sections 302, 120 (B) of the Indian Penal Code.

Informant has alleged that when he was coming on motorcycle with his sister, two unknown person fired on her and she died on the spot.

It has been submitted on behalf of the petitioner that Petitioner is not named in the FIR and he has been falsely implicated in this case on suspicion except suspicion, there is nothing against petitioner. It has been further submitted that similarly co-accused, namely Ashok Kumar Singh and Dilip Rai

Patna High Court Cr.Misc. No.63915 of 2018(2) dt.02-11-2018 2/2 have been granted bail by a co-ordinate Bench of this Court vide order dated 12.09.2018 passed in Cr. Misc.No. 45794 of 2018 and vide order dated 06.10.2018 passed in Cr. Misc. No. 59723 of 2018. Petitioner has no criminal antecedent and he is in custody since 16.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 245 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T