Jaihind Paswan @ Janu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19866 of 2024 Arising Out of PS. Case No.-210 Year-2021 Thana- DHORAIYA District- Banka ====================================================== Jaihind Paswan @ Janu Paswan Son of Ashok Paswan Resident of vill.- Suryalok Colony (Bagwadi), P.S.-Mouzahidpur (Babarganj), Distt.-Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Prasad Verma For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the state.
2. The instance application for regular bail has been filed by the petitioner in connection with Dhoriyaa P.S. Case No. 210 of 2021 instituted for the offence u/s 302, 34 and 201 of the Indian Penal Code.
3. Earlier the application for regular bail of the petitioner was dismissed as withdrawn vide order dated 20.06.2023 passed in Cr. Misc. No.42784 of 2022 with a direction to trial Court to conclude the trial within a period of six months as mentioned in the trial Court report dated 16.02.2023.
4. In pursuance to the direction of this Court, a report with regard to the present stage of trial was called for on
Patna High Court CR. MISC. No.19866 of 2024(4) dt.28-06-2024 2/3 19.04.2024 and the same has been received by which, it appears that six months time will take to conclude the trial.
5. It is submitted by learned counsel for the petitioner that till now the trial has not been concluded and also there is no hope to conclude the trial in near future. The petitioner is languishing in judicial custody since 20.08.2021. It is further submitted that similarly situated other co-accused person has already been granted bail by this Court vide order dated 24.01.2024 in Cr. Misc. No. 76220 of 2023.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhoriya P.S. Case No. 210 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st Banka with following conditions:- (i) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.19866 of 2024(4) dt.28-06-2024 3/3 (ii) If the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move of cancellation of bail.
(iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bonds will be cancelled by the Court below.
(Sunil Kumar Panwar, J) Shubham/- U T