Rakesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45327 of 2019 Arising Out of PS. Case No.-22 Year-2017 Thana- BACHHWARA District- Begusarai ====================================================== RAKESH PASWAN Son of Late Bodhan Paswan Resident of Village - Maranchi Khurd, P.S.- Bachhwara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in S.Tr. No. 533/2017, arising out of Bachhwara P.S. Case No. 22/2017, instituted for offence under Section(s) 307/34 of the Indian Penal Code read with Section 27 of Arms Act.

Earlier prayer for bail of petitioner was rejected by a Co-ordinate Bench of this Court vide order dated 02.02.2018 passed in Cr. Misc. No. 6065/2018.

It is alleged in the written report that on the date of occurrence petitioner caused firearm injury on the thigh of daughter of informant.

Injury report is available in case diary wherein doctor has found one firearm injury on the right thigh of daughter of

Patna High Court CR. MISC. No.45327 of 2019(4) dt.29-08-2019 2/3 informant, which is opined to be grievous in nature. Report from the court below regarding present stage of case has been received wherein it is mentioned that two witnesses have been examined. Six witnesses are yet to be examined Petitioner is in custody since 26.07.2017.

Keeping in view the period spent by petitioner in custody, 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 Vth, Begusarai, in connection with S.Tr. No. 533/2017, arising out of Bachhwara P.S. Case No. 22/2017, 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 without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in

Patna High Court CR. MISC. No.45327 of 2019(4) dt.29-08-2019 3/3 the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T