Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8047 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -LAXMIPUR District- JAMUI ======================================================

1. Jitendra Paswan, S/o Late Ishwar Paswan, Resident of Village- Barmania Tola, Beldari, Police Station- Laxmipur, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 The petitioner is in custody since 25.03.2016 in connection with Laxmipur P.S. Case No. 48 of 2016, registered for offences punishable under Sections 147, 148, 149, 302, 307 and 364 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner of assault on deceased. There is further allegation against the petitioner that he assaulted the informant by means of tangi, however there is no injury report on record to show the nature of injury and other coaccused persons having similar allegation has already been granted the privilege of regular bail by this Court vide order dated 26.09.2016, passed in Criminal Miscellaneous No. 27582 of 2016 and the petitioner has been languishing in judicial custody since

Patna High Court Cr.Misc. No.8047 of 2017 (2) dt.23-02-2017 2/3 25.03.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that no specific allegation of assault on the deceased has been attributed against this petitioner and the allegation that he assaulted the informant by tangi, however no injury report is on record to show the nature of injury and other co-accused persons having similar allegations have already been granted regular bail and petitioner is in custody since 25.03.2016, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Amrendra Kumar, learned Judicial Magistrate- 1st Class, Jamui, in connection with Laxmipur P.S. Case No. 48 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and

Patna High Court Cr.Misc. No.8047 of 2017 (2) dt.23-02-2017 3/3 when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U