Bacha Paswan @ Bacchha Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66994 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -RAJEPUR District- EASTCHAMPARAN (MOTIHARI) ====================================================== Bacha Paswan @ Bacchha Paswan Son of Mahendra Paswan Resident of Village-Kadama,P.S. Rajepur,Distt.-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Rajepur P.S. Case No.68 of 2018 registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code. Informant is the widow of deceased who in her written complain has stated that after taking meal, they were sleeping when his husband received a phone from Chandan Singh and he thereafter went outside from the house and he did not return. She went to the house of Chandan Singh is search of her husband and found that all FIR named accused sitting there variously armed. The dead body of husband was found next day. As such he has apprehension that all FIR named accused have killed her husband.

Patna High Court Cr.Misc. No.66994 of 2018 (2) dt.26-11-2018 2/2 It has been submitted on behalf of petitioner that he has been implicated in this case only on the basis of suspicion. Except suspicion, there is no other incriminating material against him. Similarly situated co-accused has been granted bail by a coordinate Bench of this Court as contained in Annexure-3. Petitioner is accused in one more case being Rajepur P.S. Case No.50 of 2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, East Champaran at Motihari in connection with Rajepur P.S. Case No.68 of 2018, 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 present on each and every date fixed by the Court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(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) Sanjeev/- U