Kapil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7041 of 2015 Arising Out of PS.Case No. -90 Year- 2014 Thana -FATUHA District- PATNA ====================================================== Kapil Paswan, Son of Indradeo Paswan, resident of village - Kashmiriya, P.S. Fatuha, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Nandan Prasad, Advocate For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 02-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 144, 342, 324, 504, 447, 435, 379 and 302 of the Indian Penal Code.

There is general allegation of assault against the petitioner and other F.I.R. named accused persons, but in course of investigation, Rita Devi and Dharmendar Paswan claiming to be eye witnesses have specifically stated that it was co-accused Shankar Paswan, who gave several Farsa blows to the deceased. In similar facts and circumstances, the co-accused Santosh Paswan @ Santosh Kumar has been granted bail vide Cr. Misc. No.569 of 2015 (Annexure-3). The petitioner is in custody since 21.07.2014

Patna High Court Cr.Misc. No.7041 of 2015 (2) dt.02-03-2015 2/2 having no criminal antecedent.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in Fatuha P.S. Case No.90 of 2014 (G.R. No.831/2014) with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T