Patna High Court - Orders
Baliram Paswan vs The State Of Bihar on 13 December, 2012
Author: Chakradhari Sharan Singh
Bench: Sharan Singh, Chakradhari Sharan Singh
Patna High Court Cr.Misc. No.44334 of 2012 (2) dt.13-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44334 of 2012
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Baliram Paswan son of Badri Paswan
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
2 13-12-2012Heard Mr. Pushpendra Kumar Singh, learned counsel for the petitioner and Mr. M.K. Khare, learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Tariyani P.S. Case No. 13 of 2012 registered for the offence punishable under Section 302/34 of the Indian Penal Code.
As per the prosecution story, on the alleged date of occurrence i.e. 02.01.2012, four named accused persons, namely, Ramji Paswan, Baliram Paswan (petitioner), Tunna Paswan and Chhotan Paswan assaulted the deceased with legs and fists. The said Rudal Paswan is said to have died on 10.01.2012 because of the injury caused during the assult on 02.01.2012. The First Information Report was instituted on the basis of Fardbeyan of the informant dated 11.01.2012.
Learned counsel for the petitioner at the very outset submits that other co-accused persons who are similarly instituted, namely, Patna High Court Cr.Misc. No.44334 of 2012 (2) dt.13-12-2012 Tuuna Paswan and Chhtoa Paswan have been granted bail by this Court vide order dated 24.08.2012 passed in Cr. Misc. No. 28312 of 2012. He submits that the petitioner too has no criminal antecedent and there is apparently inordinate delay in institution of the First Information Report and on such grounds he submits that the petitioner deserves to be enlarged on bail.
In the facts and circumstances of the case and in view of the submissions made on behalf of the petitioner, let the petitioner Baliram Paswan, 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 Sub-Divisional Judicial Magistrate, Sheohar at Sitamarhi in connection with Tariyani P. S. Case No. 13 of 2012.
(Chakradhari Sharan Singh, J) Saif/-