Gaurishankar Paswan @ Gauri Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76827 of 2019 Arising Out of PS. Case No.-75 Year-2017 Thana- BAHADURPUR District- Darbhanga ====================================================== Gaurishankar Paswan @ Gauri Paswan Son of Ram Bahadur Paswan Resident of Village- Raghepura, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishor Prasad, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the parties.
Petitioner apprehends his arrest in a case registered for the offence punishable under sections 147, 148, 149, 341, 342, 323, 324, 307 and 302 of the Indian Penal Code. The prosecution case, in brief, is that on 01.03.2017 at about 3:40 PM, the nephew of the informant was returning to his house, on the way 21 named accused persons surrounded him and Kameshwar Paswan ordered to kill him, on which Ram Mohan Paswan and Ramprit Paswan caused injury to Vishnu Paswan by dagger, as a result of which he fail down on the ground and when informant rushed for save then accused Raja Paswan, Golu Paswan, Gauri Shankar Paswan assaulted him with iron rod and hockey stick. It has further been alleged that the present petitioner and co-accused persons entered into the house of the informant and assaulted female members of his family.
It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the case. There is
Patna High Court CR. MISC. No.76827 of 2019(2) dt.14-02-2020 2/2 general and omnibus allegation against the petitioner. He has further submitted that other co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 21.09.2017 in Cr. Misc. No. 26474 of 2017, vide order dated 13.09.2017 in Cr. Misc. No. 41749 of 2017 and vide order dated 16.10.2019 in Cr. Misc. No. 64731 of 2019. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner 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 the learned Sub-Divisional Judicial Magistrate, Darbhanga in connection with Bahadurpur P.S. Case No. 75 of 2017, on the following conditions:-
(1) Petitioner shall co-operate 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.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) S.Katyayan/- U T