Deepak Paswan @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68895 of 2022 Arising Out of PS. Case No.-204 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Deepak Paswan @ Deepak Kumar Son Of Mahesh Paswan R/O VillageDharampur Ward No.2, P.S.- Town, District- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 326, 307, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is of stabbing the informant in his stomach.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. that the petitioner has inflicted the dagger blow on the stomach of the informant. He further submits that the injury report of the informant suggests that the injury due to sharp cutting weapon and opinion is grievous in

Patna High Court CR. MISC. No.68895 of 2022(2) dt.27-03-2023 2/3 nature. He further submits that the mother of the petitioner has also filed a complaint case bearing Complaint Case No. 1357 of 2022 against the informant and their family members. He further submits that both the parties had sustained injured and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 07.09.2020. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail after framing of charge, if not framed, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Samastipur (Town) P.S. Case No. 204 of 2022, 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

Patna High Court CR. MISC. No.68895 of 2022(2) dt.27-03-2023 3/3

(3) 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 antecedents, 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) Ibrar//- U T