Chandradeo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25520 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- DHANARUA District- Patna ====================================================== Chandradeo Paswan S/o Arjun Paswan Resident of Village- Moriyavan, P.S. Dhanarua, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra, Advocate For the Opposite Party/s :
Mr.Rajendra Prasad Nat,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-07-2024 Heard Mr.Satish Chandra, learned counsel for the petitioner, learned counsel for the informant and Mr.Rajendra Prasad Nat, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 06.09.2023 in connection with Dhanarua P.S. Case No. 350 of 2023, F.I.R. dated 23.06.2023 registered for the offence punishable under Section 341,323,307,504,506 of IPC and Section 27 of Arms Act.
3. Allegation against the petitioner is that he stabbed knife in stomach of informant due to which informant sustained stabbing injury.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that
Patna High Court CR. MISC. No.25520 of 2024(3) dt.26-07-2024 2/3 from a bare perusal of the FIR it appears that the date of occurrence as alleged in the FIR is 08.06.2023 but the present FIR has been instituted on 19.06.2023 after delay of eleven days without giving any explanation of delay. Further submits that although there is specific allegation against the petitioner that he stabbed knife in the stomach of the informant but there is no repetition of blow and there was no intention to kill the informant and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 06.09.2023.
5. Learned counsel for the informant and learned APP for the State have opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean antecedent and there is no repetition of blow upon the informant, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Masaurhi at Patna in connection with Dhanarua P.S. Case No. 350 of 2023, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.25520 of 2024(3) dt.26-07-2024 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T