Dukhi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18861 of 2019 Arising Out of PS. Case No.-48 Year-2016 Thana- LAXMIPUR District- Jamui ====================================================== Dukhi Paswan, Son of Bhaso Paswan, Resident of Village- Barmaniya Tola, Beldari, P.S.- Laxmipur, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Prakash Mahto, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-05-2019 Petitioner seeks regular bail in connection with Laxmipur P.S. Case No.48 of 2016 registered for the offences punishable under Sections 147, 148, 149, 302, 307 and 364 of the Indian Penal Code.

Prosecution story as per F.I.R. is that the petitioner and 10 other accused persons assaulted the deceased by Lathi, Danda and Tangi.

Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against this petitioner and the other accused persons with similar allegation of assault have been granted bail by different Co-ordinate Benches of this Court vide order dated 01.09.2016 passed in Criminal Misc. No.29047 of 2016, order dated 26.09.2016 passed in Criminal Misc. No.27582 of 2016, order dated

Patna High Court CR. MISC. No.18861 of 2019(3) dt.21-05-2019 2/2 21.12.2016 passed in Criminal Misc. NO.55007 of 2016, order dated 23.02.2017 passed in Criminal Misc. No.8047 of 2017 and order dated 18.05.2017 passed in Criminal Misc. No.23180 of 2017.

Further submission is that petitioner is in custody since 11.01.2019 and the charge sheet has already been submitted in this case, as such, there is no chance of tempering with the evidence.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui, in connection with Laxmipur P.S. Case No.48 of 2016, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) sunil/- U T