Shambhoo Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.2619 of 2016 (2) dt.30-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2619 of 2016 Arising Out of PS.Case No. -376 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================

1. Shambhoo Paswan Son of Late Munni Paswan, Resident of Village - Pasawa, Police Station - Tankuppa (Wazirganj), District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. D.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Although petitioner is named in the first information report but it is specific case of the prosecution that co-accused, Nagendra Paswan and Dinesh Paswan assaulted the deceased by means of Gadansa and so far as petitioner is concerned; he assaulted the injured Arvind Yadav by means of Lathi but it appears from the impugned order that the injured, Arvind Yadav did not name the petitioner in his statement. Moreover, even if, prosecution story assumed to be true, then also, petitioner is not assailant of the deceased and the investigation against him, has already been completed.

Accordingly, the petitioner named above, is directed

Patna High Court Cr.Misc. No.2619 of 2016 (2) dt.30-01-2016 to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Wazirganj P.S. Case No. 376 of 2015 to the satisfaction of Sri Jigar Shah, learned Judicial Magistrate-Ist Class, Gaya. (Hemant Kumar Srivastava, J) A.K.V./- U T