Shashi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16581 of 2023 Arising Out of PS. Case No.-199 Year-2019 Thana- JHANJHARPUR District- Madhubani ====================================================== Shashi Paswan Son Of Sri Hira Paswan Resident Of Village Belmohan, PsPhulparas Dist -madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jhanjharpur P.S. Case No. 199 of 2019 lodged under Sections 302, 201/34, 120B of the I.P.C. read with Section 3/4/5/6 Explosive Substance Act, 1905.

As per the prosecution case, the F.I.R. has been lodged against two named accused persons in which the name of present petitioner has not been figured.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. but his name has figured in this case by virtue of confessional statement of named accused Heera Kumar Paswan. He submits that the named accused Heera Kumar Paswan has been granted bail by the Co-ordinate

Patna High Court CR. MISC. No.16581 of 2023(2) dt.05-06-2023 2/2 Bench of this Court vide order dated 10.01.2022 passed in Cr. Misc. No.39035 of 2021.

Counsel further submits that petitioner is in custody since 06.07.2022 and there are 3 criminal cases pending against him.

Learned counsel for the State opposes the prayer for bail and submits that petitioner's antecedent is not clean and he is accused of other 3 cases which is under Explosive Substance Act, 1905.

Counsel for petitioner in reply submits that the named accused was also named in three criminal cases. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur in connection with Jhanjharpur P.S. Case No. 199 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T