Buddhu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69074 of 2024 Arising Out of PS. Case No.-50 Year-2016 Thana- SIGAUDI District- Patna ====================================================== Buddhu Paswan, S/O Bineshwar Paswan, Male, aged about 34 years, R/O Village Patringa, P.S. Sigori, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-12-2024 Heard Mr. Ravi Shankar, learned counsel appearing on behalf of the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.
2. Petitioner seeks regular bail in connection with Sigauli P.S. Case No. 50 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
3. Petitioner had earlier moved before this Court for grant of regular bail by filing Cr. Misc. No.46931 of 2021 and Cr. Misc. No.30160 of 2023 which were rejected.
4. Prosecution story in brief is that on 19.05.2016, the informant came to know that his father has died. The deceased was crushed by a truck and the petitioner was the driver of the said truck.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.69074 of 2024(3) dt.13-12-2024 2/3 petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner has clean antecedent and he is in custody since 18.05.2020, i.e., more than 4 and 1⁄2 years.
6. Learned APP appearing for the State opposes the bail prayer.
7. Considering the changed circumstances that the petitioner has remained in custody for more than 4 and 1⁄2 years, the learned District Court is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III, Danapur in connection with Sigaudi P.S. Case No. 50 of 2016 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
Patna High Court CR. MISC. No.69074 of 2024(3) dt.13-12-2024 3/3 (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J) Sanjay/- U T