Govind Paswan @ Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26592 of 2022 Arising Out of PS. Case No.-306 Year-2019 Thana- TATARPUR District- Bhagalpur ====================================================== Govind Paswan @ Govind Kumar Son Of Shambhu Paswan R/O- VillRasidpur P.S.- Nathnagar (MADHUSUDANPUR) Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek, advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-08-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Tatarpur Vishwavidylaya P.S. Case No. 306 of 2019 for the offences punishable under Sections 341, 323, 504, 506, 379, 307/34 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, it is alleged that while the informant was returning after attending feast on cycle the FIR named accused persons came on a motorcycle snatched Rs.1500/- and assaulted him with slaps. It is

2/4 further alleged that co-accused Shambhu Paswan fired upon the informant causing firearm injury due to which he fell down on the ground.

Learned counsel for the petitioner submits that specific allegation has been attributed against Shambhu Paswan that he fired upon the informant causing firearm injury. So far this petitioner is concerned, there is only allegation that he was present at the time and place of occurrence with the co-accused and infact the petitioner being son of the co-accused Shambhu Paswan, who fired upon him, his name has also been implicated in this case. It is next submitted that co-accused Shambhu Paswan against whom, there is specific allegation has been granted bail in Cr. Misc. No. 27389 of 2021 vide order dated 22.11.2021 On the other hand, learned counsel for the State opposed the bail application.

Having heard the rival contentions of the parties and taking into consideration the fact that there is no specific overt act attributed against the petitioner and moreover, co-accused Shambhu Paswan, against whom specific allegation has been levelled has already been

3/4 granted bail and petitioner having fair antecedent, is in custody since 27.01.2022 let 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 Additional Chief Judicial Magistrate-VII, Bhagalpur in connection with Tatarpur Vishwavidylaya P.S. Case No. 306 of 2019 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T

4/4