Yogendra Paswan @ Yogi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15378 of 2020 Arising Out of PS. Case No.-102 Year-2018 Thana- BARURAJ District- Muzaffarpur ====================================================== Yogendra Paswan @ Yogi Paswan Son of Late Tapeshwar Paswan Resident of Village - Vishunpur Horil, P.S.- Baruraj, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP For the Informant :

Mr. Udai Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-06-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State through video conferencing.

The petitioner who is in custody since 9.12.2019 has filed the instant application for grant of regular bail in connection with S.Tr. no. 271 of 2019 arising out of Baruraj P.S. Case no. 102 of 2018 registered under sections 364, 302, 120B and 34 of the Indian Penal Code.

As per allegation in the FIR, the son of the informant, on call had gone to the house of the accused persons and it is further stated by the informant that she saw the seven named accused persons including the petitioner herein hanging her son on a tree leading to his death.

Patna High Court CR. MISC. No.15378 of 2020(5) dt.26-06-2020 2/3 It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and concocted. The same would be evident from the fact that soon after start of the investigation, the statement of the informant was recorded, from perusal of which it would transpire that she admits to not being an eye witness to the occurrence. It is further submitted that coaccused Rama Paswan and three others have been granted bail vide order dated 6.5.2019 (Annexure 3) passed in Cr. Misc no. 29072 of 2019. The petitioner has no criminal antecedent and is in custody since 9.12.2019.

The application for bail is opposed by learned counsel for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that there is direct allegation against the petitioner in the FIR. It is further submitted that the case of the other accused who have been granted bail are not on similar footing. It is further submitted that the trial in the case has commenced and as such the petitioner may not be released on bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused and statement of the informant during course of investigation, the Court is inclined

Patna High Court CR. MISC. No.15378 of 2020(5) dt.26-06-2020 3/3 to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with S.Tr. no. 271 of 2019 arising out of Baruraj P.S. Case no. 102 of 2018 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Muzaffarpur.

However, in view of the fact that the trial in the case has commenced, it is directed that the petitioner shall remain present in the Court below on each and every date in the trial and in case of absence on two consecutive dates for reasons not to the satisfaction of the Court below, the bail bond of the petitioner shall be cancelled and he shall be taken into custody till conclusion of the trial.

(Partha Sarthy, J) Prakash/- U