Dayanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64974 of 2018 Arising Out of PS.Case No. -74 Year- 2018 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Dayanand Paswan S/o Masudan Paswan Resident of Village-Panpanma, P.S. Harnaut (Telmar), Distt.-Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Adv. For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Harnaut P.S. Case No. 74/2018, registered for the offences punishable under Sections 147, 148, 149, 447 and 302 of the Indian Penal Code and section 27 of the Arms Act.

Allegation is that petitioner and other co-accused including 04 to 05 unknown variously armed entered into the informant's house, abused and assaulted the brother-in-law (Bahnoi) of informant and also shot fire upon him, as a result he fell down. He was taken to the Hospital where he was declared dead.

It has been submitted that petitioner has falsely been implicated in this case. There is general and omnibus allegation

Patna High Court Cr.Misc. No.64974 of 2018 (2) dt.05-11-2018 2/2 against him. Specific allegation is made against the co-accused Bhaso Paswan @ Bindeshwar Paswan.

Petitioner has no criminal antecedent. He is in custody since 27.06.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Harnaut P.S. Case No. 74/2018, subject to the 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.

(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) Vinita/- U T