IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8033 of 2010
LALLAN PASWAN
S/o late Maryad Paswan resident of village Lohara P.S. Chainpur
Dist. Kaimur at Bhabua Petitioner
Versus
STATE OF BIHAR Opp. Party
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05/ 25.06.2010 Heard learned counsel for the petitioner and the State.
The petitioner is languishing in jail since 7.4.2008 in a
case registered under sections 302, 120B and other allied sections of
the Indian Penal Code, 27of the Arms Act as well as 17 of the
Criminal Law Amendment Act.
It is alleged that several persons fired including the
petitioner due to which son of the informant succumbed to the injury.
It is submitted by learned counsel for the petitioner that
initial firing has been alleged against Shankar Ram and thereafter
others also fired including the petitioner. The informant has been
examined during trial as PW1 where he has retracted from the
averment in the FIR. Moreover, other witness PW2 has not supported
the case against the petitioner. Though apart from the present case,
there are two other cases against the petitioner which got reflected
from the criminal antecedent report at flag “A”.
Learned counsel for the State after going though the
deposition of the informant submits that the informant has retracted
from his initial averment but in the FIR there is specific allegation
against the petitioner.
Considering the deposition of the informant, let the
petitioner be released on bail in connection with Chainpur P.S. Case
-2-
no. 7 of 1999 on furnishing bail bond of Rs 10,000-/ with two sureties
of the like amount each to the satisfaction of the Ist Additional
Sessions Judge, Kaimura at Bhabua in Sessions Trial No.106 of 2008.
The trial court will accept the bail bond only when
petitioner is involved in two other cases apart from the present one
and will positively cancel the bail bond of the petitioner if he fails to
appear on two consecutive dates during trial.
shahid (Dinesh Kumar Singh,J))