Bholan @ Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32108 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- RUPAULI District- Purnia ====================================================== Bholan @ Jitendra Paswan S/o Late Parmanand Paswan Resident of VillageAjhokopa, P.S.-Rupauli, District-Purnea. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ansul, Advocate For the Opposite Party/s :

Mr. Umesha Nand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-12-2020 Learned counsel of the petitioner assures this court that he shall remove the defects, as pointed out by the office, within four weeks from the date when the court starts physical function.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conference.

Petitioner is languishing in jail custody since 20.06.2020 in connection with Rupauli P.S. Case No. 113 of 2019 registered for the offences punishable under Section 302

Patna High Court CR. MISC. No.32108 of 2020(2) dt.10-12-2020 2/3 and other allied sections of the Indian Penal Code and 27 of the Arms Act.

Although, petitioner is named in the first information report with omnibus allegation of firing but the first information report goes to show that it was co-accused Kavi Paswan who shot fire on the deceased and similarly, it was coaccused Ruplal Paswan who opened fire on injured Lalo Paswan. The investigation against the petitioner appears to have already been completed. Petitioner does not have any criminal antecedent which is evident from perusal of para 3 of the petition. Furthermore, I find that there was land dispute between the petitioner and informant.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail provisionally till removal of the defects, as pointed out by the office, 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, Purnea in connection with Rupauli P.S. Case No. 113 of 2019.

It is made clear that if the defects, as pointed out by the office, are removed within the above stated period, the

Patna High Court CR. MISC. No.32108 of 2020(2) dt.10-12-2020 3/3 provisional bail of the petitioner shall be deemed to be confirmed.

(Hemant Kumar Srivastava, J) shahzad/- U T