Pashuram Paswan @ Patiram Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.28612 of 2015 (3) dt.29-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28612 of 2015 Arising Out of PS.Case No. -13 Year- 2013 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pashuram Paswan @ Patiram Paswan S/o Ram Lagan Paswan Residing at Village - Ucchidih Colony, P.S. - Palanwa, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hemant Kumar For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Palanwa P.S. Case No. 13 of 2013 registered for the offence punishable under Sections 324, 302, 201/34 of the Indian Penal Code. At the very outset, it has been submitted that in this case co-accused Baliram Paswan having more or less similar allegation has been allowed bail vide order dated 14.02.2014 passed in Cr. Misc. No. 42339 of 2013 by a co-ordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration as he has also got no criminal antecedent. It is also submitted that coaccused who has been allowed bail has confessed his guilt but in

Patna High Court Cr.Misc. No.28612 of 2015 (3) dt.29-10-2015 the confession name of the petitioner is not there and without any legal and cogent material chargesheet has been submitted and the petitioner is suffering in custody since 17.04.2015 to which learned APP is not in a position to distinguish the case of the petitioner.

In the facts and circumstances stated above and considering the case of the petitioner on better footing to that of the co-accused who has been allowed bail, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Motihari, East Champaran in connection with Palanwa P.S. Case No. 13 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T