Patna High CourtCR. MISC./37246/2021bail granted

Mukesh Paswan @ Mukesh Kumar Paswan v. The State Of Bihar

2021-09-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37246 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- JOKIHAT District- Araria ====================================================== Mukesh Paswan @ Mukesh Kumar Paswan Son of Vishan Lal Paswan Resident of Village-Dharmeshwar Gachh ward no.-13, P.S.-Jokihat, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mrs.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

01-09-2021 Heard learned counsel for the parties through video conferencing.

This is 2nd attempt for grant of bail on behalf of petitioner. Earlier, the bail petitioner of petitioner was rejected, vide order dated 01.12.2020 passed in Cr.Misc. No. 26658 of 2020.

By way of filing supplementary affidavit, counsel for the petitioner submits that till date, the case has not been committed to the court of sessions and petitioner is in custody since 08.05.2020.

Considering the period of custody of the petitioner, nature of allegation as well as the fact that there is undue delay in trial, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-

Patna High Court CR. MISC. No.37246 of 2021(3) dt.01-09-2021 2/2 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 144 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T