Mohan Paswan @ Lalmohan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46375 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -BELDAUR District- KHAGARIA ====================================================== Mohan Paswan @ Lalmohan Paswan Son of Suresh Paswan, resident of Village- Itamadi P.S. Beldour , District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bharat Bhushan, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 05.02.2018, has renewed his prayer for bail in connection with Sessions Trial No. 170 of 2018 arising out of Beldaur P.S. Case No. 63A/2017 and Beldaur P.S. Case No. 63/2017 (G.R. No. 936/2017) for the offences alleged under Sections 341, 323, 325, 307, 504 and 34 of the Indian Penal Code having earlier been rejected by order dated 08.05.2018 in Cr. Misc. No. 25220 of 2018 with liberty to the petitioner to renew his prayer for bail after framing of charge.

3. It is submitted that in a subsequent development, charges have now been framed against the petitioner and the trial has commenced. It is further submitted that there is no chance of tampering with the evidence of the witnesses.

4. Having regard to the entirety of the facts and circumstances of the case as well as period of custody of the petitioner above named, let him be released on bail on furnishing on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.46375 of 2018 (2) dt.24-08-2018 2/2 sureties of like amount each to the satisfaction of Miss Simmi Kujur, learned Judicial Magistrate, 1st Class, Khagaria in connection with Sessions Trial No. 170 of 2018 arising out of Beldaur P.S. Case No. 63A/2017 and Beldaur P.S. Case No. 63/2017 (G.R. No. 936/2017) with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/Chandran U T