Mithilesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30361 of 2018 Arising Out of PS.Case No. -265 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ====================================================== Mithilesh Paswan Son of Suresh Paswan Resident of Village - Kuberchak, Dhandiha, Police Station - Koilwar, District - Bhojpur at Ara. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Ara Town P.S. Case No.265 of 2016 registered for the offences punishable under Sections 307, 326, 384, 120(B)/34 of the Indian Penal Code and Section 3⁄4 of Explosive Substance Act. The F.I.R. is lodged against unknown. It is alleged that a boy threw a bomb towards road side which exploded at the gate of the Mall due to which glass of the gate has broken and informant and other persons sustained injuries. It has been submitted that in course of investigation one Krishna Kumar Singh was arrested who confessed his complicity in the above crime. The said Krishna Kumar Singh has been allowed bail in Cr.Misc.No.20568 of 2018 by one of the coordinate Bench of this court. The case of this petitioner stands
Patna High Court Cr.Misc. No.30361 of 2018 (3) dt.03-07-2018 on similar footing. The petitioner is in custody since 31.05.2016 after remand from some other cases.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Bhojpur at Ara in connection with Ara Town P.S. Case No.265 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his 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 his bail. (Sanjay Kumar, J) Harish/- U