Munna Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6967 of 2017 Arising Out of PS.Case No. -254 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Munna Paswan

2. Chunn Paswan Both are Sons of Harendra Paswan Resident of VillagePurkhauli, P.S.-Lalganj, District-Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Singh For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2017 Heard the parties.

This application has been filed in connection with Lalganj P.S.Case No.254 of 2016 for the offence under Sections 363/365 of the Indian Penal Code.

It is submitted on behalf of the petitioners that the petitioners are not named in the F.I.R. and later on, the informant named these petitioners that the petitioner no.1 has illicit relation with the wife of Umesh Paswan and there is only one evidence that CDR location of mobile of the petitioner was also found near the location of the CDR of the victim and except that there is nothing against the petitioners and they are in custody since 26.10.2016 and now the charge-sheet has also been submitted and except suspicion, there is nothing against the petitioners.

Patna High Court Cr.Misc. No.6967 of 2017 (3) dt.01-03-2017 2/3 Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides. In view of the fact that there is only suspicion against the petitioners and now the charge-sheet has also been submitted and the petitioners are in custody for more than four months, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali in connection with Lalganj P.S.Case No.254 of 2016.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U

Patna High Court Cr.Misc. No.6967 of 2017 (3) dt.01-03-2017 3/3