Satish Paswan @ Shatish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41018 of 2018 Arising Out of PS.Case No. -374 Year- 2017 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Satish Paswan alias Shatish Kumar S/o Jawahar Paswan @ Jawahar Bhagat, R/o Vill.- Panapur Kayam, P.S.- Bidupur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh, Advocate For the Opposite Party/s : Mr. B. N. Pandey , A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with S. Tr. No. 138 of 2018 arising out of Bidupur P.S.Case No. 374 of 2017 registered for offences punishable under Sections 302/34 of the I.P.C. and 27 of the Arms Act.

Allegation against the petitioner is that the petitioner along with other co-accused persons entered into the house of the informant and fired on the brother of the informant, causing death and thereafter, they fled away.

Submission of the learned counsel for the petitioner is that the petitioner is not named in the FIR but later on the name of the petitioner transpires on the confessional statement of coaccused, Abinash Srivastava. It is also submitted that nothing

Patna High Court Cr.Misc. No.41018 of 2018 (4) dt.24-09-2018 2/2 incriminating article has been recovered from the possession of the petitioner and he is in custody since 20.01.2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned Additional Sessions Judge-I, Vaishali in connection with S. Tr. No. 138 of 2018 arising out of Bidupur P.S. Case No. 374 of 2017, subject to the following conditions:- 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 will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T