Budhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22381 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- IMADPUR District- Bhojpur ====================================================== BUDHU PASWAN S/o Gandhi Paswan Resident of Village-Rajpur, P.SImadpur, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 325, 307, 504, 506,, 302, 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons assaulted the father of the informant and thrown him in Badhar due to which he sustained injury and later succumbed to the injury.

Patna High Court CR. MISC. No.22381 of 2020(2) dt.11-09-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since8.2.2020. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The name of the petitioner has transpired merely on the basis of suspicion. The informant is not an eye witness to the alleged occurrence. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. Other co-accused has been granted bail vide Annexure-2 to the present application by a Coordinate Bench of this Court.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Imadpur P.S. Case No. 55 of 2019.

(Sudhir Singh, J) Pankaj/- U T