Sahdeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48723 of 2017 Arising Out of PS.Case No. -209 Year- 2015 Thana -RUPASPUR District- PATNA ====================================================== Sahdeo Paswan S/o Late Tapeshwar Paswan, R/o Village- Kranja, P.S.- Naubatpur, District- Patna. At present R/o Village- Kajra, P.S.- Rupaspur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Rupaspur P.S. Case No. 209 of 2015 registered for offences under sections 326, 307, 34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

An allegation has been made of firing upon the Informant who sustained injury.

The petitioner was arrested at the spot. The incident has taken place on account of taking forceful possession of the land. From paragraph no.13 of this application, it appears that the petitioner is languishing in judicial custody since 28.09.2015. Looking to the facts and circumstances of the case as

Patna High Court Cr.Misc. No.48723 of 2017 (3) dt.20-12-2017 also the period of custody, let the petitioner, namely, Sahdeo Paswan, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II, Danapur, Patna in connection with Rupaspur P.S. Case No. 209 of 2015 corresponding to Sessions Trial No. 825 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, 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 and (iii) the petitioner would cooperate the proceeding of the court below.

In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Rupaspur police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled.

(Shivaji Pandey, J) Rishi/- U T