Andhir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31168 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- GORAUL District- Vaishali ====================================================== ANDHIR PASWAN, Son of Sri Horil Paswan, R/o at Pajha, P.S. - Goraul, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2020 The matter has been taken up through virtual Court proceeding.

Let the defects be removed within two weeks of the start of the physical Court.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The informant is not an eyewitness of the occurrence. Suspicion is there against the petitioner and others to have committed murder of the son of the informant due to quarrel which had taken place few days back.

The impugned order reveals that on the basis of aforesaid suspicion and confession of the petitioner, while in

Patna High Court CR. MISC. No.31168 of 2020(2) dt.09-12-2020 2/2 police custody, prayer for bail has been refused. Petitioner is in custody since 21.02.2020. Investigation of the case is already complete against the petitioner.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Goraul Police Station Case No. 75 of 2020, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T