Subodh Paswan @ Subodh Kumar @ Banti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47015 of 2018 Arising Out of PS.Case No. -267 Year- 2017 Thana -PARSABAZAR District- PATNA ======================================================
1. Subodh Paswan @ Subodh Kumar @ Banti Son of Munarik Paswan Resident of Village Sakraicha, P.S. Parsa Bazar, District Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 The petitioner is in custody since 17.01.2018 in connection with Parsa Bazar P.S. Case No. 267 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation as per F.I.R. is that there was a DJ program in a Birthday Party and in that program the petitioner and one coaccused Ballam Paswan came on the stage for dance and at the time of dancing, Ballam Pasawan fired from his country made pistol, which hit on the head of son of the informant due to that he succumbed to the injury.
It has been submitted on behalf of the petitioner is that the F.I.R. itself shows that the allegation of firing is against other co-accused Ballam Paswan and not against this petitioner and
Patna High Court Cr.Misc. No.47015 of 2018 (2) dt.20-09-2018 2/3 petitioner is in custody since 17.01.2018 and there is no likelihood of conclusion of the trial.
Heard learned A.P.P. also.
Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Patna, in connection with Parsa Bazar P.S. Case No. 267 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing
Patna High Court Cr.Misc. No.47015 of 2018 (2) dt.20-09-2018 3/3 any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T