Bishwajeet Paswan @ Vishwajit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 77869 of 2019 Arising Out of PS. Case No.-288 Year-2017 Thana- BIKRAMGANJ District- Rohtas ====================================================== Bishwajeet Paswan @ Vishwajit Paswan S/o Manoj Paswan R/o village- Sri Tola, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201 and 120B of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the FIR has been lodged by the Chaukidar, Suresh Singh against unknown persons regarding two dead bodies which were thrown in a lonely place. Learned counsel for the petitioner submits that during course of investigation, the name of the petitioner has been transpired and only the allegation against this petitioner is that he was last seen with the victim. Save and except suspicion, there is no allegation against the petitioner to connect the alleged offence Petitioner is in jail custody since 14.12.2018. He
Patna High Court CR. MISC. No. 77869 of 2019(2) dt.29-11-2019 2/2 further submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court in Cr.Misc.No.54961 of 2019 vide order dated 25.10.2019. In the facts and circumstances of the case, 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 learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Bikramganj P.S.Case No.288 of 2017, with following conditions:-
(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tamper 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. (Anjani Kumar Sharan, J) B.Kr./- U T