Pappu Manjhi @ Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60199 of 2018 Arising Out of PS. Case No.-228 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== Pappu Manjhi @ Pappu Paswan S/o Sri Bikau Paswan, R/o Vill.- Barwa Barauli, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Informant :

Mr. Zainul Abedin, For the State :

Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Shikarpur P.S. Case No. 228 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant is the wife of the deceased who has alleged that on 20.06.2018 at about 10 p.m., the informant along with his husband Daroga Mian was sitting at his chair. In the meantime, the petitioner and other accused persons came there armed with deadly weapon and started abusing him and gave sword and knife blow on his body, as a result of which, the blood started oozing. Thereafter, during course of treatment, husband of the informant died.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.60199 of 2018(3) dt.07-12-2018 2/3 the petitioner has falsely been implicated in this case due to village politics. It has further been submitted that the petitioner was not present at the place of occurrence. Petitioner has no criminal antecedent and he is in custody since 22.06.2018. Counsel for the informant has vehemently opposed the prayer of bail of the petitioner.

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 Chief Judicial Magistrate, West Champaran at Bettiah in connection with Shikarpur P.S. Case No.228 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 represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

Patna High Court Cr.Misc. No.60199 of 2018(3) dt.07-12-2018 3/3

(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) Sanjay/- U T