Bipin Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34103 of 2021 Arising Out of PS. Case No.-197 Year-2018 Thana- BALIYA District- Begusarai ====================================================== BIPIN PASWAN S/o- JAGDISH RAM @ JAGDISH PASWAN VillPaharpur, P.S.- Ballia, District- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Ballia P.S.Case No.197 of 2018, registered for the offence under Sections 447,341,323,324,307 and 34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case, in short, is that on 07.07.2018 at about 11.15 all the accused named in F.I.R. came at the dera of informant Sakhi Chand Paswan and told who have fractured my father's leg. Informant refused then Bipin Paswan has fired by the pistol, and caused the firearm injury on the right hand of

Patna High Court CR. MISC. No.34103 of 2021(6) dt.02-03-2022 2/3 the informant. Informant fell down then all the accused fled away.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that the present case is counter blast of Ballia P.S.Case No.194 of 2018. He further submits that the informant has perused the injury report from a private Doctor. He further submits that there is admitted land dispute between the parties. He further submits that the police, after investigation, submitted chargesheet against the petitioner and other co-accused persons and the petitioner is in custody since 27.01.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the fact and circumstances of the case, 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 C.J.M., Begusarai in connection with Ballia P.S.Case No.197 of 2018 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.34103 of 2021(6) dt.02-03-2022 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

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