Dharma Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43176 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- JHAJHA District- Jamui ====================================================== DHARMA PASWAN Son of Late Arjun Paswan Resident of Village- Sondipi, P.S.- Laxmipur, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2019 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.

The petitioner seeks bail in Jhajha P.S. Case No. 18/2019, S.Tr. No. 159/2019, instituted for offences under Section(s) 147, 148, 149, 302, 427, 120(B) of the Indian Penal Code read with Section 27 of Arms Act and Section 3⁄4 of Explosive Substance Act.

Learned counsel for the petitioner has submitted that from the written report it is apparent that petitioner was in custody on the relevant date of occurrence. Allegation against this petitioner is only of conspirator.

It is alleged in the written report that on the date of occurrence near Teliya Dih More miscreants caused death of Rajesh Yadav and Manoj Yadav by firearms. Informant has

Patna High Court CR. MISC. No.43176 of 2019(4) dt.29-08-2019 2/3 named 18 accused persons including this petitioner. From the written report it would appear that petitioner was in custody on the relevant date of occurrence. Learned counsel for informant has submitted that petitioner has criminal antecedent. Several cases are pending against him. He will attempt to disturb the trial after being released from jail.

Learned counsel for petitioner has submitted that in all the cases, as mentioned in para 3 of bail petition, he has been either acquitted or on bail.

Petitioner is in custody since 07.02.2019.

Considering the aforesaid facts and circumstances, 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 the learned Addl. District & Sessions Judge IVth, Jamui, in connection with Jhajha P.S. Case No. 18/2019, S.Tr. No. 159/2019, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates

Patna High Court CR. MISC. No.43176 of 2019(4) dt.29-08-2019 3/3 without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T