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2020 DIGILAW 247 (PAT)

Ajad Paswan v. State Of Bihar

2020-03-19

AHSANUDDIN AMANULLAH

body2020
JUDGMENT 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody in connection with Imadpur PS Case No. 55 of 2019 dated 06.08.2019 instituted under Sections 341/323/324/325/307/504/506/34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was also added. 3. The allegation against the petitioner and two others is of assaulting the father of the informant who later on scummed to his injury. 4. Learned counsel for the petitioner submitted that he is innocent being a young person pursuing his studies having no other criminal antecedent. It was submitted that only on the basis of name taken in the FIR, that too on suspicion, he has been implicated. It was submitted that there has been no recovery of any incriminating material from the petitioner and even during investigation no eye witness has come and most importantly, no motive has been assigned as to why the petitioner would commit such a heinous crime and is in custody since 07.08.2019. 5. Learned APP, from the case diary, submitted that witnesses have only stated with regard to the petitioner being involved in the crime. However, he was not in a position to controvert the fact that nobody has given any reason as to why the petitioner would commit such crime. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousands) with two sureties of the like amount each to the satisfaction of the concerned Judicial Magistrate, Bhojpur, Ara in Imadpur PS Case No. 55 of 2019. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds. 7. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds. 7. The application stands disposed off in the aforementioned terms.