Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40427 of 2018 Arising Out of PS.Case No. -39 Year- 2016 Thana -NIYAMCHANDPUR District- BEGUSARAI ====================================================== Vijay Paswan, Son of Ram Nandan Paswan, Resident of Village- Rajopur, P.S.- Dandari, District- Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Nima Chandpura P.S.Case No. 39 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation as per FIR is that 3-4 unknown miscreants fired shot at the son of informant, causing his death. Petitioner is not named in the FIR but later on his name transpires during course of investigation.

Submission of learned counsel for the petitioner is that later on a petition was filed by the informant before D.I.G. of Police stating that he has no knowledge by whom his son has been killed but the I.O. has included the name of this petitioner. Further

Patna High Court Cr.Misc. No.40427 of 2018 (2) dt.12-07-2018 2/2 submission is that co-accused has been granted privilege of anticipatory bail by co-ordinate Bench of this Court vide order dated 5.4.2018 passed in Cr.Misc.No.17475 of 2018. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Begusarai, in connection with Nima Chandrapura P.S.Case No. 39 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U