Janardan @ Janardhan @ Janardi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49122 of 2015 Arising Out of PS.Case No. -498 Year- 2011 Thana -KHAGARIA District- KHAGARIA ====================================================== Janardan @ Janardhan @ Janardi Paswan, Son of Late Natho Paswan, Resident of village-Prasgola, Police Station-Morkahi, District-Khagaria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Khagaria (Gongour) P.S. Case No. 498 of 2011 registered for the offences punishable under Sections 302, 201 and 120(B) of the I.P.C.

The FIR has been registered against Puran Paswan as a dead body was recovered from his house and a loaded country made pistol was kept there. During investigation, the dead body was identified as of Manik Paswan the husband of Anita Devi and Anita Devi and Others stated that Manik Paswan was taken away by the petitioner and others and thereafter his dead body was recovered.

Submission is of false implication and that no one has seen the occurrence and only on suspicion the petitioner has

Patna High Court Cr.Misc. No.49122 of 2015 (4) dt.21-12-2015 been implicated, at best, it is a case of last seen and the petitioner is suffering in custody since 24.04.2015. Co-accused Ram Sagar Paswan has already been allowed bail by another coordinate Bench of this Court vide Cr. Misc. No. 42820 of 2012 and as such the petitioner also deserves sympathetic consideration. The learned A.P.P. fairly submits that the case of the petitioner is similar to that of Ram Sagar Paswan. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 2nd Additional Sessions Judge, Khagaria in S. T. No. 222 of 2015 arising out of Khagaria (Gongour) P.S. Case No.

498 of 2011, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.