Sri Ram Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61961 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -RAJAUN District- BANKA ====================================================== Sri Ram Kumar Paswan, Son of Sakhi Chand Paswan @ Sahhichan Paswan, resident of Village- Mohna, P.S. Rajoun, District- Banka. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner.

This is an application for bail in connection with Rajoun P.S. Case No. 24 of 2017 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. Petitioner is not named in the FIR and it appears that two witnesses have named this petitioner.

Submission of learned counsel for the petitioner is that though the case has been lodged on 20.1.2017 but these two witnesses after nine months of the occurrence have named this petitioner and that too on suspicion and it is alleged that petitioner was seen along with the deceased. Further submission is that though the impugned order shows that third witness in paragraph93 of the case diary has also named this petitioner but it is a

Patna High Court Cr.Misc. No.61961 of 2017 (3) dt.12-01-2018 2/2 mistake of fact as the witness has not named him. Further submission is that petitioner is in custody for about five months, having no criminal antecedent.

Heard learned APP also.

Having heard both sides and in the facts and circumstances of the case, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Rajoun P.S.Case No. 24 of 2017, subject to the conditions that (1) one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and (2) petitioner will co-operate in trial and appear in court as and when required, except on genuine ground, failing which his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U