Dhaneshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70367 of 2019 Arising Out of PS. Case No.-179 Year-2000 Thana- PURNEA SADAR District- Purnia ====================================================== DHANESHWAR PASWAN Son of Ganga Paswan Resident of Village - Shastri Nagar, Gulabagh, P.S.- Sadar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections341, 323, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in his written complaint has alleged that on 27.06.2000 at about 9:30 pm informant and her husband-Md. Latif were at their hotel then 5 to 6 unknown miscreants came in the hotel and took meal and when her husband asked for money they assaulted him and one of the miscreants stabbed her husband and other fired upon him. FIR is against unknown. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR. Petitioner has not been put

Patna High Court CR. MISC. No.70367 of 2019(2) dt.04-12-2019 2/2 on TIP. Petitioner was implicated in this case at subsequent stage of investigation. There is no incriminating material against petitioner. Petitioner has got no criminal antecedent and is in custody since 09.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Supplementary Sadar P.S. Case No. 179 of 2000, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) 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. (S. Kumar, J) ranjan/- U