Pawan Kumar @ Pawan Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44516 of 2014 Arising Out of PS.Case No. -171 Year- 2014 Thana -PIRBAHOR District- PATNA ====================================================== Pawan Kumar @ Pawan Kumar Patel Son of Ramjanam Singh Resident of Village - Sanjhauli, P.O. - Sanjhauli, P.S. - Sanjhauli, District - Rohtas .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jagjit Roshan, Adv. For the Opposite Party/s : Mr. Kumar Virendra Narayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 09-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307 and later on 302 of the IPC.

Allegation is that Upendra Singh along with 60-70 students of Patel hostel came to the tea shop and at the instance of Upendra Singh they assaulted deceased Raja, the son of the informant. Out of whom she identified 10 students. The petitioner is one of them. After assault the deceased was taken to the hospital and during treatment he died.

It is submitted that there is no specific allegation of overtact against the petitioner. As a matter of fact, the husband of the informant was an assailant of one Rajesh Kumar, a student of Patel Hostel for which Kadam Kuan P. S. Case No. 78

Patna High Court Cr.Misc. No.44516 of 2014 (3) dt.09-03-2015 2/2 of 2013 was instituted against the husband of the informant and others. The petitioner has no criminal antecedent. However, after investigation charge-sheet has already been submitted and there is no chance of tampering with the witnesses.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna/court concerned in Pirbahor P. S. Case No. 171 of 2014 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T