Mantun Paswan @ Muntun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21999 of 2021 Arising Out of PS. Case No.-124 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== MANTUN PASWAN @ MUNTUN PASWAN Son of Late Mahesh Paswan Resident of Village - Thathan Buzurg, P.S. - Hajipur Sadar, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Jandaha P.S. Case No. 124 of 2019, registered for the offence punishable under Sections 13(1)(a)(b) of the UAPA Act and sections 25(1-B)A, 26/35 of the Arms Act.
On secret information that naxalites have assembled in the Mango Orchard of Chando Singh situated at village Soharathi raid was conducted and two persons namely, Rohit Sahni and Sonu Sahni were apprehended on the spot, who disclosed the name of this petitioner, as one of the persons who fled away after noticing the police party.
Patna High Court CR. MISC. No.21999 of 2021(2) dt.16-07-2021 2/3 It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Save and except disclosure made by the co-accused about the petitioner, there is no material against this petitioner. Co-accused Sonu Sahni and Rohit Sahni have been granted bail by different Benches of this Court vide order dated 20.11.2019 passed in Cr. Misc. No. 54966 of 2019 and order dated 31.01.2020 passed in Cr. Misc. No. 59033 of 2019. No incriminating article has been recovered from possession of this petitioner and he is in custody since 04.11.2020.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 124 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be
Patna High Court CR. MISC. No.21999 of 2021(2) dt.16-07-2021 3/3 cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T