Manohar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51331 of 2015 ======================================================

1. Manohar Paswan, Son of Saryug Paswan, Resident of village- Balthan, P.S.- Bakhtiyarpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Arun For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Bakhtiyarpur P.S. Case No.02 of 2015, registered for the offences punishable under Sections 307/34 of the Indian Penal Code and under Section 27 of the Arms Act. Allegation has been made that Gaurav Paswan, Manohar Paswan and Jay Ram Paswan abused the informant and resorted firing three times, which caused the injury to the brother of the informant. The specific allegation has been made that the fire arm was resorted back to Lakshman Kumar @ Pukki and on that account the victim became unconscious.

From the record, it appears that there is no specific allegation against the present petitioner. The petitioner is in jail

Patna High Court Cr.Misc. No.51331 of 2015 (2) dt.30-01-2016 2/2 since 7.7.2015. Looking to the period of custody, let the petitioner be petitioner-Manohar Paswan 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 the Additional Chief Judicial Magistrate, Barh, in connection with Bakhtiyarpur P.S. Case No.02 of 2015, subject to the conditions that:- (i) one of the bailors will be a close relative of the petitioner;

(ii) If the petitioner is found involved in similar type of case in future, the prosecution will be at liberty to make prayer for cancellation of his bail and the Court below will pass necessary order, including cancellation of bail;

(iii) that the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioner and:

(iv) The petitioner will report to the concerned police station by 7th of every month for a period of nine months.

(Shivaji Pandey, J) pawan/- U