Biranchi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63685 of 2022 Arising Out of PS. Case No.-123 Year-2017 Thana- BARBIGHA District- Sheikhpura ====================================================== BIRANCHI PASWAN SON OF LATE BIJENDER PASWAN R/O VILLAGE- KHOJAKIPUR, P.S.- SARMERA, DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Barbigha P.S. Case No. 123 of 2017 dated 14.03.2017 registered for the offence under Sections 302, 201/34 of the Indian Penal Code.

The son of the informant is stated to be eloped and has been killed at the instance of petitioner and others. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R. but merely on the basis of confessional statement of

Patna High Court CR. MISC. No.63685 of 2022(3) dt.07-04-2023 2/3 the co-accused, Lakshman Kumar and Atal Bihari, he has been made accused in this case during course of investigation. Save and except confession of the co-accused, no cogent material suggesting the involvement of the petitioner in the present occurrence has surfaced in this case. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 25.07.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S. Case No. 123 of 2017 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.63685 of 2022(3) dt.07-04-2023 3/3 without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T