Bhaso Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7921 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== BHASO PASWAN Son of Gariban Paswan Resident of Village - Jorarpur, P.S. - Deepnagar, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Adv.
For the Opposite Party/s :
Mr. Nand Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-08-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.
Heard learned counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Deepnagar P.S. Case No. 204 of 2020 registered under Section 341, 323, 302, 504 and 34 of the IPC.
While the informant's wife was at home attending to
Patna High Court CR. MISC. No.7921 of 2021(2) dt.09-08-2021 2/3 her daily chores, petitioner along with co-accused persons has come and assaulted the informant, his wife and his daughter. Learned counsel for the petitioner submits that the victim (wife of informant) as per prosecution case was assaulted by co-accused Kailu Paswan. Against the petitioner, there is no specific allegation of assault on the deceased. The petitioner has allegedly assaulted the informant on his back. He is in custody since 17.7.2020 having no criminal antecedent. It is submitted that the occurrence has occurred on account of a trivial dispute. Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Naland at Biharsharif in Deepnagar P.S. Case No. 204 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
Patna High Court CR. MISC. No.7921 of 2021(2) dt.09-08-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SUMIT/- U T