Santosh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77827 of 2018 Arising Out of PS. Case No.-151 Year-2018 Thana- KOTWA District- East Champaran ====================================================== Santosh Paswan s/o Imrit Paswan @ Imrit Hajra r/o village Karariya Fateh Tola P.S. Kotwa Distt. - East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ambuj Kumar Chandra, Adv For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Kotwa P.S. Case No. 151 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354B, 302 and 379 of the Indian Penal Code.
Informant in his written complaint has alleged that on 26.09.2018 on the eve of marriage ceremony of his younger brother, ladies had assembled to perform puja and FIR named accused Pramod Paswan, Suraj Paswan, Bittu Paswan and Jitendra Paswan, tried to misbehave with them and when they protested, FIR named accused, assaulted father and female members of his family as a result of which his father received serious injury
Patna High Court Cr.Misc. No.77827 of 2018(4) dt.24-01-2019 2/3 and was taken to hospital where he died during the course of treatment. Allegation against petitioner is that he snatched jewellery of female members assembled there and there is no allegation of any assault or abuse made by the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case as he is family member of the FIR named accused. Petitioner has got no criminal antecedent and is in custody since 16.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, in connection with Kotwa P.S. Case No. 151 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.77827 of 2018(4) dt.24-01-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U