Bihari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36069 of 2021 Arising Out of PS. Case No.-98 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== Bihari Paswan, Son Of Late Rameshwar Paswan R/O Village- Madhopur, P.S.- Laukaha, Dist. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur- Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Laukaha P. S. Case No.98 of 2019, instituted for the offences under Sections 147, 148, 149, 302, 323, 324, 504 of the Indian Penal Code.

The present bail application has been filed in terms of the liberty granted to the petitioner by order dated 06.03.2020 in Cr. Misc. No.71198 of 2019 wherein this Court had observed that "the trial court is directed to conclude the trial within one year from the date of receipt of this order. If the trial is not concluded within one year, the petitioner may renew his prayer for bail".

Patna High Court CR. MISC. No.36069 of 2021(2) dt.06-12-2021 2/3 The learned counsel for the petitioner submits that till date the charges have not been framed in this case and as such, the trial has not commenced. The petitioner has remained in custody since 24.04.2019.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the liberty was granted to the petitioner to renew his prayer for bail after one year, in case the trial is not concluded, the petitioner, above-named, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani in connection with Laukaha P. S. Case No.98 of 2019, with a condition that the petitioner will keep marking his attendance before the concerned police station in between 20th to 25th of every month commencing from January, 2022, till the charges are not framed. In the event, if it is reported to the learned court below by the concerned police station that the petitioner has not marked his attendance in any of the month in between the aforesaid

Patna High Court CR. MISC. No.36069 of 2021(2) dt.06-12-2021 3/3 dates, the learned Court below will be at liberty to cancel his bail bonds.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T