Ranjeet Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38724 of 2018 Arising Out of PS.Case No. -838 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ranjeet Paswan S/o Bhagirath Paswan, R/o Vill.- Miscot. Khadi Bandar Road Ward No. 07, P.S.- Motihari Town, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 The petitioner is apprehending his arrest in connection with Motihari Town P.S. Case No. 838/2017, registered for offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.
Allegation as per F.I.R. is that several accused persons came and fired on the deceased due to which he died. The petitioner is not named in the F.I.R., later on during course of investigation his name is added.
It has been submitted on behalf of the petitioner that from CCTV footage, it appears that two other co-accused had fired on the deceased. It is further submitted that name of the petitioner is added only on confessional statement and he has no criminal antecedents. It has also been submitted that similarly situated
Patna High Court Cr.Misc. No.38724 of 2018 (3) dt.18-07-2018 2/3 person has already granted privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 19.06.2018 passed in Cr. Misc. No.26475/2018.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 838/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the
Patna High Court Cr.Misc. No.38724 of 2018 (3) dt.18-07-2018 3/3 investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/-Amjad U T