Patna High CourtCR. MISC./16938/2016bail granted

Gabbar Paswan v. The State Of Bihar

2016-04-28Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16938 of 2016 Arising Out of PS.Case No. -500 Year- 2013 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Gabbar Paswan Son of Ramdeo Paswan, Resident of Village - Tilrath, Police Station - Barauni, District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-302/34 of the Indian Penal Code and under Section-27 of the Arms Act.

Petitioner is languishing in jail custody since 10-122013 in a case registered under Sections-302/34 of the Indian Penal Code.

Petitioner is not named in the first information report but according to fardbyan of the informant itself, he learnt about the manner of occurrence from one Hisabi Sao and the aforesaid Hisabi Sao disclosed that one unknown person had opened fire on the deceased though the petitioner was also present along with the

Patna High Court Cr.Misc. No.16938 of 2016 (2) dt.28-04-2016 2/2 aforesaid unknown person.

The impugned order shows that the statement of Hisabi Sah was recorded u/S 164 of the Cr.P.C. in which, he again reiterated the same fact.

Considering the above-said facts and circumstances of the case as well as period of detention of the petitioner in jail custody, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Barauni P.S. Case No. 500 of 2013 to the satisfaction of Sri Sriprakash, J.M.-Ist Class, Begusarai.

(Hemant Kumar Srivastava, J) A.K.V./- U T