Patna High CourtCR. MISC./40630/2019bail granted

Sitabi Paswan v. The State Of Bihar

2019-08-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40630 of 2019 Arising Out of PS. Case No.-119 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== SITABI PASWAN Son of Nathu Paswan @ Nathun Ram Resident of Village - Bara Bigha, P.S.- Madanpur, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2019 Counsel for the petitioner is permitted to make necessary correction in prayer portion of bail petition during course of the day.

Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Barachatti P.S. Case No. 119 of 2019, instituted for the offence under Section(s) 396 of Indian Penal Code, Sections 25(1-b)a, 26, 35 of Arms Act. It is alleged in the written report that informant after closing his shop was returning to his house, he heard sound of firing. He reached the house and found his father lying dead sustaining firearm injury. It is further alleged that family members had caught one of the assailants and kept him confined, who disclosed his name as Kamlesh Shingh. It is

Patna High Court CR. MISC. No.40630 of 2019(2) dt.30-08-2019 2/2 further alleged that Kamlesh Singh disclosed the name of petitioner.

Counsel for the petitioner submits that petitioner is not named in the written report. He further submits that coaccused Babu Ram Prasad @ Nanhaku @ Nanhak @ Ajit has already been granted bail by coordinate Bench of this Court vide order dated 23.8.2019 passed in Cr. Misc. 50892 of 2019. Petitioner is in custody since 2.4.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 Chief Judicial Magistrate, Sherghati, Gaya, in connection with Barachatti P.S. Case No. 119 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T