Rohit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19352 of 2019 Arising Out of PS. Case No.-69 Year-2013 Thana- SABAUR District- Bhagalpur ====================================================== ROHIT PASWAN Son of Ram Paswan Resident of Village - Mamlakha, P.S.- Sabour, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sabour P.S. Case No. 69 of 2013, registered for the offence punishable under Sections 302, 34 and Section 27 of the Arms Act.

The allegation is regarding the petitioner and one co-accused person having fired on the son of the informant, who later on died.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and in fact, five prosecution witnesses have been examined during the course of the trial, however, they have not taken the name of the petitioner herein regarding him being present at the time of the occurrence. It is submitted that though the

Patna High Court CR. MISC. No.19352 of 2019(2) dt.04-04-2019 2/2 petitioner is accused in three other cases, but he is on bail in the said three cases and he is said to be languishing in custody since 11.11.2016. Lastly, it is submitted that the main assailant has already been granted bail by a coordinate Bench of this Court vide order dated 31.10.2018 passed in Criminal Miscellaneous No. 51469 of 2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge Ixth, Bhagalpur in connection with Sabour P.S. Case No.69 of 2013.

It is needless to state that the petitioner would mark his attendance before the trial court on each and every date so fixed and in failure to do so, the present privilege of bail being granted to the petitioner shall stand cancelled forthwith and the petitioner would be taken into custody.

(Mohit Kumar Shah, J) ajay gupta/- U T