Upendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44076 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== Upendra Paswan Son of Ramjivan Ram @ Ramjivan Paswan @ Jivan Paswan Resident of Village - Karsawan, P.S.- Fessar, District - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh For the State :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Aurangabad (Muffasil) P.S. Case No. 21 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 24.02.2021.
The allegation against the petitioner is to cause the murder of the deceased alongwith other co-accused persons with sharp edged weapon.
Learned counsel appearing on behalf of the petitioner submitted that the informant is not the eye witness of the case and petitioner is named in the present case merely on the ground
Patna High Court CR. MISC. No.44076 of 2021(3) dt.20-06-2022 2/3 of suspicion for the reason that petitioner and other co-accused persons have land dispute with the deceased. It has also been submitted that during the course of investigation, nothing incriminating surfaced against the petitioner. While concluding the argument, it has further been submitted that the petitioner is a man of clean antecedent and chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that the informant is not the eye witness of the occurrence and also the nature of allegation, as regard to fatal assault, is very much general and omnibus.
Considering the facts and circumstances as mentioned above, as the informant is not the eye witness of the occurrence and nothing incriminating surfaced during the course of investigation which may connect the petitioner with the alleged occurrence coupled with the fact that petitioner is a man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection with Aurangabad (Muffasil) P.S. Case No. 21 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.44076 of 2021(3) dt.20-06-2022 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the following conditions: "(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Ramjivan Ram, who is the father of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) Ankit/- U T