Baso Bishwas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48984 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- JOKIHAT District- Araria ====================================================== BASO BISHWAS Son of Late Chamru Bishwas Resident of Village- Bara, P.S.- Mahalgaon (Jokihat), District- Araria ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party :

Mr.Dr. Ajeet Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner as well learned counsel for the State and perused the case diary. Petitioner is an accused in a case registered for the offence punishable under section 302 and other allied sections of the Indian Penal Code.

The informant has alleged that the petitioner and other accused persons, named in the FIR, came to the courtyard of the informant, thereafter, petitioner assaulted the informant and his son by lathi. Informant's wife came to rescue them who was assaulted by other co-accused persons by fists and legs on the order of the petitioner. Informant's wife died during treatment. Accused persons also took away ornaments of the deceased. Learned counsel for the petitioner submits that on account of pending land dispute between the parties, unfortunate incident took place in which the petitioner has falsely been implicated. He submits that even as per the FIR, the only allegation against the petitioner is that he was pressurizing the prosecution side to withdraw a case. Further, petitioner is alleged to have given lathi blow to the informant and his son and then on his order other accused persons assaulted the victim

Patna High Court CR. MISC. No.48984 of 2019(4) dt.06-11-2019 2/2 who died during treatment. In this regard, defence of the petitioner is that there is no allegation of assault to the deceased against the petitioner. More so, there is no injury report on the record to corroborate the allegation of assault by lathi said to have been caused by the petitioner. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. Petitioner is in custody in the instant case since 18.5.2019.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Araria in Jokihat (Mahalgao) Police Station Case No. 195 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T