Raja Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19925 of 2020 Arising Out of PS. Case No.-953 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== RAJA PASWAN, Son of Ramchandra Paswan, Resident of Village - Madhepura, Ward No.,07, P.S- Madhepura, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Prasad, Adv.

For the Opposite Party/s :

Mr.Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-06-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within two weeks of normal functioning of the court after the lockdown, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case is that as per FIR, this case has been instituted on the basis of Fardbeyan of informant Janki Devi alleging therein that the deceased Ranjit Kumar in the night of 11.11.2019 at about 10 pm, when the informant came

Patna High Court CR. MISC. No.19925 of 2020(2) dt.30-06-2020 2/3 with meal to feed her son Ranjit Kumar (deceased), saw all FIR named accused persons including the petitioner present alongwith her son (deceased) and they were eating and drinking together and in the next morning at about 6.00 am, when the informant came in deceased's room for awaking up her son Ranjit Kumar, she found him lying dead and blood was oozing out from his neck and multiple injuries also found on his body. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case merely on suspicion. There is no eye witness of the occurrence alleging to the fact that the petitioner participated in the occurrence of killing the deceased. The petitioner is in custody since 13.11.2019 and has got no criminal antecedent. The similarly situated co-accused has been granted bail by the Co-ordinate Bench of this court vide order dated 01.06.2020 passed in Cr. Misc. No. 7803/2020.

Considering the aforesaid facts and circumstances, 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 each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No. 953 of 2019, subject to the following

Patna High Court CR. MISC. No.19925 of 2020(2) dt.30-06-2020 3/3 conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) amitkumar/- U T