Sona Paswan @ Sujit Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17475 of 2018 Arising Out of PS. Case No.-39 Year-2016 Thana- NIYAMCHANDPUR District- Begusarai ====================================================== Sona Paswan @ Sujit Kumar Paswan S/o Late Shyam Sunder Paswan, R/o Village- Rajopur, P.S.- Dandari, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam For the Opposite Party/s :
Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Chandpura P.S. case no. 39 of 2016 instituted for the offence under Section(s) 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the F.I.R. is against unknown. In the written report it is alleged that while the son of the informant was returning to his house, 3-4 unknown accused persons fired on him, as a result of which, he died on the spot.
Patna High Court Cr.Misc. No.17475 of 2018(2) dt.05-04-2018 2/3 A supplementary affidavit has been filed on behalf of the petitioner wherein it has been mentioned that informant has filed petition before the D.I.G., Munger on 13.01.2018 and also filed his affidavit in this case on 15.12.17 that he has no knowledge by whom his son has been killed but the I.O. has included the name of this petitioner during investigation on account of political rivalry.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Neema Chandpura P.S. case no. 39 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, VI, Begusarai, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if
Patna High Court Cr.Misc. No.17475 of 2018(2) dt.05-04-2018 3/3 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.
(Sanjay Priya, J) shyambihari/- U T