Virmani Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37458 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- CHANDI District- Nalanda ====================================================== Virmani Paswan, S/O Late Amirak Paswan, R/o village- Chainpur, P.S.- Chandi (Bena), District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 14-12-2021 The applicant/accused in Crime No. 95 of 2020 registered with Chandi (Bena) Police Station for the offences punishable under Sections 147, 148, 186, 188, 341, 323, 337, 353, 307, 504 and 506 of the Indian Penal Code at the instance of first informant Ratnesh Pandey, by this application is seeking his release on bail during the pendency of the trial. The applicant is undergoing pretrial detention from 18.03.2021. Heard both sides.

The learned Additional Prosecutor submitted that in the incident in question, nobody was injured. Co-accused Tuntun Ram and Lilami Devi @ Lilam Devi in Criminal Misc. No. 28840 of 2020 and co-accused Saryug Ram in Criminal Misc. No. 29762 of 2020 are already directed to be released on bail by this Court vide order dated

Patna High Court CR. MISC. No.37458 of 2021(2) dt.14-12-2021 2/3 11.11.2020.

Hence on the principle of parity, the applicant against whom similar allegations are made deserves to be released on bail and therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 95 of 2020 registered with Chandi (Bena) Police Station for the offences punishable under Sections 147, 148, 186, 188, 341, 323, 337, 353, 307, 504 and 506 of the Indian Penal Code be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat

Patna High Court CR. MISC. No.37458 of 2021(2) dt.14-12-2021 3/3 commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused.

(A. M. Badar, J) Bhardwaj/- U T