Shrawan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1559 of 2017 Arising Out of PS.Case No. -33 Year- 2015 Thana -FATEHPUR District- GAYA ====================================================== Shrawan Paswan, son of Raj Kumar Paswan, residence of Village- Ganni Pipra, P.S.- Fatehpur, Distt- Gaya.

.... .... Appellant

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Sharma, Advocate For the Respondent/s : Mr. Binay Krishna, Spl P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 The appellant seeks bail in connection with Fatehpur P.S. Case No. 33 of 2015 registered for offences punishable under section 302/34 of the Indian Penal Code and Section 3 (2) (v) of SC/ST Act.

Allegation against the appellant is that on 07.02.2015 coaccused C.P. Singh came at the door of informant and taken away her husband Ramanand Paswan, thereafter when her husband came at his house in abnormal condition and he said that he has drink wine in a house of Binod Choudhary, with appellant and coaccused C.P. Singh and thereafter C.P. Singh taken away and left to his house. After that informant brought her husband to local doctor but doctor has no taken treatment and directed to better treatment but the informant brought him to her house in the

Patna High Court CR. APP (SJ) No.1559 of 2017 (4) dt.17-07-2017 2/3 meantime her husband died.

Learned counsel for the appellant submitted that in the Postmortem examination report no external or mechanical injury has been found on the person of the deceased and there is no any eye/independence witness supported of the occurrence and there was no motive for committing murder. It has been further stated that husband of the informant took excessive drink resulting his condition deteriorated and later on in absence of proper treatment he died. It is further stated that co-accused C.P. Singh has already been granted bail by a coordinate Bench of this Court vide order dated 02.03.2016 passed in Cr. Miscellaneous No. 50259 of 2015. It is stated that the appellant is in custody since 06.04.2017. Heard learned Special P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, this appeal is allowed, let appellant surrender before the Court of Special Judge within a period of four weeks and on his so surrendering the Court below will release him on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, (Special Judge) SC/ST, Gaya in connection with Fatehpur P.S. Case No. 33 of 2015, subject to the following conditions:-

Patna High Court CR. APP (SJ) No.1559 of 2017 (4) dt.17-07-2017 3/3 (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not adduce any witness or tamper with the evidence.

(iii) The appellant 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 reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J.) veena/- U