Sawaliya Parvat v. The State Of Bihar
Patna High Court Cr.Misc. No.43811 of 2018 (2) dt.01-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43811 of 2018 Arising Out of PS.Case No. -424 Year- 2017 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Sawaliya Parvat Son of Sarvdeo Parvat Resident of Village Lohari, Police Station Chapra Muffasil, District- Saran, at Chapra. ... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 15.05.2018 in connection with Chapra Moffasil P.S. Case No. 424 of 2017 for the offence registered under Sections 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in connection with the present case and the allegation against all the accused persons is of assault with lathi, danda and there is no specific role attributed to the present petitioner. It is further submitted that there are no eye witness to the occurrence and the first information report has also been lodged belatedly on 28.12.2017 though the occurrence took place on 27.12.2017, the delay in lodging the first information report has also not been explained.
Patna High Court Cr.Misc. No.43811 of 2018 (2) dt.01-08-2018 Considering the aforesaid facts and circumstances of the case and that similarly situated co-accused person, namely, Umesh Parvat has been granted bail by this Court in Cr. Misc. No. 21473 of 2018 vide order dated 26.04.2018, 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 Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 424 of 2017. (Anjana Mishra, J) Jagdish/- U T