Patna High CourtCR. MISC./64248/2018bail granted

Niranjan Paswan v. The State Of Bihar

2018-10-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64248 of 2018 ======================================================

1. Niranjan Paswan Son of Ganauri Paswan Previous Resident of VillageBhergawa P.S. Gaurichak Distt.-Patna at Present residing of VillavgeBarni,P.S. Masaurhi,Distt.-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sadanand Paswan For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Gaurichak P.S. Case No. 92/2017, instituted for the offences under Sections 302, 120B and 34 of the Indian Penal Code read with Section 27 of Arms Act. It is alleged in the written report that when the informant and her husband was returning on the motorcycle along with one Tuntun Singh, on the way 8 to 10 miscreants made firing on account of which husband of the informant and Tuntun Singh sustained injury. Husband of informant died on the spot. It is further alleged that the informant identified this petitioner along with two others.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.64248 of 2018 (2) dt.26-10-2018 2/2 statement of victim Tuntun Singh has been recorded under Sections 161 of Cr.P.C. and 164 of Cr.P.C. in which he has not taken the name of this petitioner. Copy of statement recorded under Section 164 Cr.P.C. is annexed as Annexure-3 to the bail petition. It is further submitted that as per written report, Tuntun Singh is eye-witness of the occurrence.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 7th, Patna City, Patna in connection with Gaurichak P.S. Case No. 92/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T