Allowed

Suraj Paswan @Suraj Kumar v. The State of Bihar

Patna HC10 May 2024CR. MISC./8648/2024

Case brief

AI extract

What is this about?

Petitioner in custody for alleged fatal brick blow causing death sought regular bail. Court noted postmortem report did not corroborate the FIR allegation, no repetition of blow, no premeditation, and petitioner's fair antecedents, and released him on bail with conditions.

What did the court decide?

Regular bail on bail bonds of Rs. 20,000/- with two sureties of like amount, subject to conditions including trial attendance and antecedent verification.

Suraj Paswan @Suraj Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8648 of 2024

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Arising Out of PS. Case No.-58 Year-2023 Thana- KAKO District- Jehanabad

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======================================================

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Suraj Paswan @Suraj Kumar Son Of Kewal Paswan Resident Of VillageBharthua Ps- Kako, (Bhelakar Op), Distt- Jahanabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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4 10-05-2024

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Heard Ms. Sagrika, learned counsel appearing on

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behalf of the petitioner and the learned Additional Public Prosecutor for the State.

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The petitioner seeks regular bail, who is in custody in connection with Kako (Bhelawar) P.S. Case No. 58 of 2023 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

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The prosecution case is based on the fardbeyan of the informant, alleging the petitioner of causing brick blow over the head of the father of the informant leading to his death.

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Learned counsel appearing on behalf of the petitioner submitted that from the narrations made in the FIR, it is evident that there is no prior enmity between the petitioner and the father of the informant, however the allegation of

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Patna High Court CR. MISC. No.8648 of 2024(4) dt.10-05-2024 2/4

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causing brick blow has not been corroborated in the postmortem report. It is contended that the postmortem report suggest only scar mark on the neck of the deceased and on being found no apparent cause of death the viscera has been sent for chemical examination. She further drew the attention of this Court to the different paragraphs of the case diary and submitted that witnesses have also stated that all the accused persons collectively assaulted the father of the informant by means of iron rod and other means which is not the case of the prosecution. She next submitted that the petitioner is a man of fair antecedent and moreover, even the allegation taken to be true, there is no repeatation nor any weapon has been used and, as such, no case under Section 302 Indian Penal Code is made out. The petitioner seeks sympathetic consideration.

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On the other hand, learned Additional Public Prosecutor for the State vehemently opposes the bail application and submits that the specific allegation of causing fatal attack has been levelled against the petitioner.

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Regard being had to the submissions made on behalf of the parties and considering the postmortem report which does not corroborate the allegation made on the FIR, coupled with the fair antecedent of the petitioner and the fact

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Patna High Court CR. MISC. No.8648 of 2024(4) dt.10-05-2024 3/4

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that there is no repetition of blow, all the more there appears to be no premeditation and the weapon which is said to have been used is the brick, let the petitioner named above, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jahanabad in connection with Kako (Bhelwar O.P.) P.S. Case No. 58 of 2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the

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trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

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(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the

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Patna High Court CR. MISC. No.8648 of 2024(4) dt.10-05-2024 4/4

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court below shall take immediate step for canceling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

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(Harish Kumar, J)

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supratim/-

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U T

Suraj Paswan @Suraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suraj Paswan @Suraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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