Ravi Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50608 of 2022 Arising Out of PS. Case No.-30 Year-2021 Thana- MANPUR District- Nalanda ====================================================== RAVI PASWAN Son of Suresh Paswan Village- Sarbahdi, P.S.- Manpur, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Manpur P.S. Case No.30 of 2021 instituted under Sections 341, 457, 506, 307/34 of the Indian Penal Code. As per the prosecution story, the informant alleged that he heard the sound of firing and saw the accused persons attacking his house which resulted into firearm injury to his brother Sanjay Raut. As the villagers assembled, the accuseds fled away. Sanjay Raut was later taken to the hospital for treatment.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.50608 of 2022(2) dt.09-12-2022 2/3 although one of the injury has been found to be grievous, the other is simple in nature and there is omnibus allegation of firing without attributing specific allegation against the petitioner herein for which he has suffered by being in custody since 22.06.2022. His further submission is that he do not have any criminal antecedent.
Taking into account his period of custody as also that charge-sheet stands submitted, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Manpur P.S. Case No.30 of 2021 to the satisfaction of learned A.C.J.M.,Vth, Nalanda at Biharsharif, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.50608 of 2022(2) dt.09-12-2022 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T