Mintu Kumar @ Gachi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20156 of 2022 Arising Out of PS. Case No.-577 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MINTU KUMAR @ GACHI PASWAN S/o Late Banarshi Paswan Resident of Village- Gachi Tola ward No.32, P.S.- Town Begusarai, District- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 394 and 397 of the Indian Penal Code.

As per the prosecution case, an attempt of theft was made by the three unknown miscreants in the house of the informant. During that course the husband of the informant was shot with an intention to kill.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.20156 of 2022(2) dt.29-07-2022 2/3 the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered possession of the petitioner. The petitioner is not named in the F.I.R . The name of the petitioner has surfaced during the course of investigation. The petitioner is also accused in seven other criminal cases as stated at para 3 of the bail petition. Chargesheet has already been submitted. The other co-accused have already been granted bail by the Co-ordinate Bench vide order dated 07.06.2022 and 14.06.2022 passed in Criminal Misc. No. 8668 of 2022 and 11216 of 2022 respectively. The petitioner is in custody since 30.10.2021.

Learned A.P.P. for the State as well as the learned counsel has opposed the bail petition of the petitioner. There is no chance of tampering of evidence.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai P.S. Case No. 577 of 2021, with following conditions:-

1. One of the bailors must be a close relative of the

Patna High Court CR. MISC. No.20156 of 2022(2) dt.29-07-2022 3/3 petitioner

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

3. If the petitioner is found involved in other criminal cases, his bail bond is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T