Pramod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38078 of 2019 Arising Out of PS. Case No.-147 Year-2016 Thana- PANDARAK District- Patna ====================================================== 1.

PRAMOD PASWAN Son of Banarasa Paswan Resident of Village- Kondi, P.S.- Pandarak, District- Patna 2.

Sudhir Paswan Son of Banarash Paswan Resident of Village- Kondi, P.S.- Pandarak, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Pandarak P.S. Case No. 147 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Prosecution story as per FIR is that while father of informant was sitting in front of his house accused persons came and assaulted him by fists and slaps, due to which he died. Submission of learned counsel for the petitioners is that there is no specific allegation attributed against either of the petitioners of assault and post mortem report does not either any internal or external injury on the person of deceased and considering the same one co-accused has been granted

Patna High Court CR. MISC. No.38078 of 2019(4) dt.29-08-2019 2/2 anticipatory bail by this Court by order dated 2.7.2019 passed in Cr.Misc.No. 18313 of 2019.

Heard learned APP, who has submitted that viscera report was called for in this case which has come. Having heard both sides and from perusal of the viscera report it appears that no metallic, alkoloidal, Glycosidal, pesticidal and volatile poison were detected in the viscera, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Barh, Patna, in connection with Pandarak P.S. Case No. 147 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. Let the report of FSL be returned to the the FSL at once so that the same may be submitted in the court below. (Vinod Kumar Sinha, J) spal/- U T