Girgit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33073 of 2019 Arising Out of PS. Case No.-87 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== Girgit Paswan Son of Late Bandhu Paswan Resident of Village - Trilokwa, P.S.- Shikarpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 307, 323/34 of the Indian Penal Code. The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application with an observation 'at this stage'.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.03.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The alleged occurrence is said to have taken place for petty reason like goat grazing. In course of hot exchange, wood lying on the ground was used for hitting upon the deceased. There was no pre-meditation of mind

Patna High Court CR. MISC. No.33073 of 2019(3) dt.04-09-2019 2/2 between the parties nor there was any intention to kill the deceased. It is at best a case for an offence under Section 304 of I.P.C.

A report was called for from the court below. It has been reported that the case is pending for framing of charge. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. case No.87 of 2018.

(Sudhir Singh, J) Narendra/- U T