Bauya Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.54611 of 2016 (2) dt.23-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54611 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -NIYAMCHANDPUR District- BEGUSARAI ====================================================== Bauya Paswan, Son of Nabal Paswan, resident of Village Damdama, P.S.- Neemachandpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate. For the Opposite Party/s : Mr. Sri Ajit Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Neemachandpur P.S. Case No. 11 of 2016 registered for the offence punishable under Sections 302/34, 120(B) of the Indian Penal Code 27 of the Arms Act.

The prosecution case as alleged by the informant is that while his son was at another place the petitioner who was the driver of the informant had given tip of the whereabouts of his son to the persons named in the FIR who were on inimical terms with the informant's son and who had killed his son. It has been submitted by the learned counsel for the petitioner that he is innocent and he was the driver of the

Patna High Court Cr.Misc. No.54611 of 2016 (2) dt.23-12-2016 informant and no such information has been given to anyone about the whereabouts of the deceased son by him. He submits that he has no criminal history and has been implicated only on the basis of suspicion. He is in custody since 19.08.2016 and in investigation no specific allegation of assault has been alleged against the petitioner and that charge sheet has already been submitted hence there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that petitioner is named in the FIR hence, opposes the prayer for bail. Be that as it may, considering the facts and circumstances of the case and that charge sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai in connection with Neemachandpur P.S Case No. 11 of 2016.

(Nilu Agrawal, J) Prakash/- U