Birval Paswan @ Birbal Paswan @ Bhim Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7537 of 2020 Arising Out of PS. Case No.-9 Year-2015 Thana- MADANPUR District- Aurangabad ====================================================== BIRVAL PASWAN @ BIRBAL PASWAN @ BHIM PASWAN Son of Sitaram Paswan Resident of Village - Mohar Karma, P.S.- Mali, Distt - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-02-2020 Petitioner seeks regular bail in connection with Session Trial No. 189/19/17/19, arising out of Madanpur P.S. Case No. 9 of 2015 registered for the offence punishable under Sections 147, 148, 149, 341, 307/124(A) of the Indian Penal Code and Section 27 of the Arms Act and Section 17 of C.L.A. Act.

Petitioner is not named in the F.I.R. Later on, his name was transpired on the confessional statement of coaccused. Apart from that it appears that no incriminating material has been recovered from the possession of the petitioner petitioner is accused in seven other cases. Prosecution case is of indiscriminate firing by the Maoists on the police party.

Patna High Court CR. MISC. No.7537 of 2020(3) dt.18-02-2020 2/2 Submission of the learned counsel for the petitioner is that other accused persons have already been granted bail by a Co-ordinate Benchs of this court vide order dated 08.02.2017 passed in Cr. Misc. No. 4162 of 2017. Petitioner is in custody for last 20 months. Charge-sheet has already been submitted. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Sessions JudgeIII, Aurangabad, in connection with Session Trial No. 189/19/17/19, arising out of Madanpur P.S. Case No. 9 of 2015, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) Rahul/- U T