Parmanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9803 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- BARIYARPUR District- Munger ====================================================== PARMANAND PASWAN SON OF LATE KAMLESHWARI PASWAN RESIDENT OF BENGALI TOLA, P.S.- BARIYARPUR, DISTT.- MUNGER.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Bariyarpur P.S. Case No. 72 of 2020, registered for the offence punishable under Sections 323, 307, 504 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, this petitioner along with six named accused persons and 20-25 unknown persons pelted stones and also attacked on the police force with stone, lathi, danda, bricks etc., as a result of which some of the police personnel became injured and thereafter taking advantage of

Patna High Court CR. MISC. No.9803 of 2021(2) dt.03-06-2021 2/3 darkness they fled away.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to village politics in collusion with the police. Petitioner is only the member of mob and no specific allegation has been alleged against this petitioner. As per the medical report, injuries are simple caused by hard and blunt substance and no injuries caused on the vital organ of the injured. Petitioner is in custody since 09.10.2020.

Learned APP for the State vehemently opposed the prayer for bail.

Considering the facts and circumstances of the case and the fact that no specific overt act has been raised against this petitioner, the petitioner above-named, 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 the learned Additional Chief Judicial Magistrate IInd, Munger in connection with Bariyarpur P.S. Case No. 72 of 2020, subject to following conditions:- (i) The 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

Patna High Court CR. MISC. No.9803 of 2021(2) dt.03-06-2021 3/3 Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T