Ram Uchit Paswan @ Uchit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64546 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== Ram Uchit Paswan @ Uchit Paswan Son Of Parikshan Paswan Resident Of Village - Hisar, P.S. - Khirhar, District - Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Ghosarvey, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Benipatti P.S. Case No. 121 of 2023, lodged on 10.06.2023 under Sections 304 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against the petitioner alleging therein that the son of the informant has visited the clinic of the accused where the accused has operated the Hydrocele of the informant' son and in course of operation, the son of the informant died.
4. Learned counsel for the petitioner submits that the allegation is not correct. The petitioner has only advised him medicine. He further submits that the antecedent of the petitioner is clean and he is in custody since 04.07.2023.
Patna High Court CR. MISC. No.64546 of 2023(2) dt.11-10-2023 2/3
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Madhubani in connection with Benipatti P.S. Case No. 121 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.64546 of 2023(2) dt.11-10-2023 3/3 cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T