Sunil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66312 of 2023 Arising Out of PS. Case No.-170 Year-2021 Thana- RUPAULI District- Purnia ====================================================== Sunil Paswan, Son Of Garib Paswan @ Garib Das R/O.- Village- Aajho Kopa, P.S. Rupauli, Distt. Purnia.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Bidhu Ranjan, Advocate For the State :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Rupauli P.S. Case No. 170 of 2021, lodged on 15.10.2021 under Sections 302 of the Indian Penal Code.
3. As per the prosecution case, FIR has been lodged against sole accused person against whom there is a suspicion made by the informant that he has murdered the sister of the informant by strangulation.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that his name has figured in this case only and only on the basis of suspicion as there was a dispute occurred prior to this event between the diseased and the petitioner. He further submits that
Patna High Court CR. MISC. No.66312 of 2023(2) dt.16-10-2023 2/3 the antecedent of the petitioner is clean and he is in custody since 30.09.2022 and submits that the charge sheet has already been filed as well as charge has already been framed. He further submits that no purpose shall be solved, if petitioner shall continue in jail.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is true that charge has been framed in this case.
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 Sessions Judge, Purnea in connection with Rupauli P.S. Case No. 170 of 2021, 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
Patna High Court CR. MISC. No.66312 of 2023(2) dt.16-10-2023 3/3 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 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