Hareram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44510 of 2023 Arising Out of PS. Case No.-89 Year-2020 Thana- NIMACHANDPURA District- Begusarai ====================================================== HARERAM PASWAN Son of Rambilas Paswan @ Ramvilash Paswan @ Rambilash Paswan Resident of village - Rajopur, ward no 03, P.S. - Dandari, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is an accused in connection with Nimachandpura P.S. Case No. 89 of 2020 registered for the offences under sections 307 and 34 of the Indian Penal Code and section 27 of the Arms Act lodged on 27.10.2020 by the informant, Birju Yadav.

As per the prosecution story, specific allegation amongst other the petitioner herein is that he opened fire injuring the neck of the informant. Accordingly, the FIR. Earlier the prayer for bail of the petitioner was dismissed on merit vide order dated 20.04.2022 passed in Cr. Misc. No. 60653 of 2021.

Patna High Court CR. MISC. No.44510 of 2023(2) dt.19-07-2023 2/3 Taking into account the fact that the charges have been now framed and the petitioner is in custody since 28.06.2021 (paragraph 6 of the bail application), this Court is inclined to extend him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-XI, Begusarai in connection with Nimachandpura P.S. Case No. 89 of 2020, subject to the following conditions-:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.44510 of 2023(2) dt.19-07-2023 3/3 cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Neha/- U