← Library
Patna High CourtCR. MISC./24726/2015bail granted

Shyam Dev Paswan @ Shyam Paswan @ Shyam v. The State Of Bihar

2015-07-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24726 of 2015 Arising Out of PS.Case No. -185 Year- 2014 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Shyam Dev Paswan @ Shyam Paswan @ Shyam son of late Jhholi Paswan resident of village - Sesuwa Madhura Ward No. 7, Police Station - Narpatganj, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2015 Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor and the learned counsel for the informant.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The informant alleged that 5-6 persons came inside his Darwaja and began to abuse him and his father, Anup Chand Yadav. Accused Baiju Mandal fired on the left side of chest of Anup Chand Yadav. The informant named Baiju Mandal, Bajrang Mandal, Shankar Mandal, Arjun Mandal and Jiwachh Lal Mandal. The informant did not name the petitioner nor attribute any allegation against any unknown persons.

Patna High Court Cr.Misc. No.24726 of 2015 (2) dt.17-07-2015 2/2 The learned counsel for the informant submitted that during the course of investigation the name of petitioner figured in the case.

Considering the fact that petitioner is not at all named in the FIR nor the informant made any allegation against any unknown persons, rather, the informant made very specific allegation against Baiju Mandal that he fired at the chest of his father causing death of his father and thereafter Bajrang Mandal assaulted him with Lathi, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Gunjan, learned Judicial Magistrate, 1st class, Araria in Narpatganj P.S. Case No. 185/2014. (Prabhat Kumar Jha, J) BKS/- U T