Rambriksh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18856 of 2020 Arising Out of PS. Case No.-259 Year-2019 Thana- SOHSARAI District- Nalanda ====================================================== RAMBRIKSH PASWAN Son of Late Kameshwar Paswan Resident of Village - Ashanagar, P.S.- Sohsarai, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 448, 307 of the Indian Penal Code in which section 302 IPC and 27 of the Arms Act were added later on.
The prosecution case in short is that while the brother of the informant was at the shop, the accused persons came and shot fire which hit him due to which he sustained injury and later succumbed to the injury.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.18856 of 2020(2) dt.10-06-2020 2/3 the petitioner is in custody since 29.9.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. Initially, the case was instituted for an offence under Section 307 IPC. In course of treatment, the deceased is said to have succumbed to the injury. Thereafter, section 302 IpC was added in the present case. The main allegation of firing is alleged against co-accused Nitish Kumar and Jindal Ravidas. The name of the petitioner has transpired in course of investigation. No specific overt act is alleged against the petitioner. Other co-accused has been granted bail vide order dated 5.2.2020 passed in Cr. Misc. No. 8887 of 2020. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 259 of 2019. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with
Patna High Court CR. MISC. No.18856 of 2020(2) dt.10-06-2020 3/3 two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T