Permanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80256 of 2018 Arising Out of PS. Case No.-159 Year-2017 Thana- BANMANKHI District- Purnia ====================================================== Permanand Paswan son of Upendra Paswan resident of Village -Belapemu, Sarvodaya Tola, P.S.-B. Kothi, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Banmankhi P.S. Case No. 159 of 2017 registered for the offence under Section 302 of the Indian Penal Code.

It is alleged in the written complaint that sister of the informant informed him that his father has been murdered in the house. Thereafter informant came at the place of occurrence and saw the dead body of his father and thereafter FIR was lodged against unknown.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case because petitioner had purchased the land from the

Patna High Court CR. MISC. No.80256 of 2018(3) dt.28-02-2019 2/3 deceased due to that reason informant has falsely implicated the petitioner in this case. Petitioner has been implicated in this case only on suspicion. It has been further submitted that similarly placed co-accused, namely, Shambhu Sharma has been granted bail by this Hon'ble Court vide order dated 05.02.2019 passed in Cr. Misc. No. 5221 of 2019. Petitioner has no criminal antecedent and he is in custody since 19.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea, in connection with Banmankhi P.S. Case No. 159 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.80256 of 2018(3) dt.28-02-2019 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T