Hakru Paswan @ Hakaru Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30302 of 2021 Arising Out of PS. Case No.-54 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== HAKRU PASWAN @ HAKARU PASWAN Son of Late Natho Paswan Resident of Village - Karor, P.S.- Cheriya Bariyarpur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.RS Choudhary, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

As per the prosecution case, on 17.04.2020, husband of the informant, namely, Binod Paswan (deceased) went for harvesting the crop, but he did not return in the evening. Next day, she was informed that dead-body of her husband was lying near Dahiya bridge. It is further alleged the husband of the informant had some money dispute with co-accused Hakru Paswan, Smart Paswan and Manghal Sahni and she suspects that all the accused persons committed murder of her husband. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.30302 of 2021(2) dt.19-08-2021 2/3 informant is not the eye witness of the occurrence and he has been implicated in this case only on the basis of suspicion. It is also submitted that during course of investigation none of the witnesses have claimed to have seen the occurrence. Petitioner claims clean antecedent and he is in custody since 21.4.2020. Other similarly situated co-accused have already been allowed bail by this Court vide orders passed in Cr.Misc.No. 37485/2020 and 36241/2020.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Begusarai in Cheriya Bariyarpur Police Station Case No. 54 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the

Patna High Court CR. MISC. No.30302 of 2021(2) dt.19-08-2021 3/3 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) shashi/- U T