Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3775 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Dharmendra Paswan S/o Ramavtar Paswan @ Faudari Paswan, Resident of Village-Lachavaiti, P.S.-Sherghati District-gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr.Advocate with Mrs. Meena Singh, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sherghati P.S.Case No. 128 of 2016 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner has been implicated in this case only on the basis of suspicion as allegation in the FIR shows that informant has received the informant in the night itself but he has not taken any step and when he reached to the place of occurrence dead body was found hanging. It has further been submitted that co-accused, having similar allegation, have been granted bail by this Court in Cr.Misc.No. 52659 of 2016 vide order dated 17.1.2017 and the petitioner is in custody since 29.11.2016.

Heard learned APP also.

Patna High Court Cr.Misc. No.3775 of 2017 (2) dt.13-02-2017 2/2 Having heard both sides and considering the fact that co-accused having been granted bail and the petitioner has been implicated only on the basis of suspicion, let the petitioner, above named, 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, Sherghati, Gaya, in connection with Sherghati P.S.Case No. 128 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U