Jata Kumar @ Jata Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33009 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- PARASI District- Jehanabad ====================================================== JATA KUMAR @ JATA PASWAN Son of Late Ramashish Paswan Resident of Village- Chakiya, Police Station- Parasi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Parasi P.S. Case No. 62 of 2020 registered for the offence under Sections 302, 201, 120(B) and 34 of the Indian Penal Code. The petitioner along with others are said to have committed murder of the son of the informant. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact, mere on suspicion the petitioner has been made accused in this case. No specific allegation of any overt act is attributed to the petitioner. Though the son of the informant is died but

Patna High Court CR. MISC. No.33009 of 2021(3) dt.30-11-2021 2/3 this petitioner has no concern in any manner with the death of son of the informant. There is no eye witness to the alleged occurrence. The police after investigation has submitted charge-sheet in this case. The petitioner is rotting in judicial custody since 21.10.2020.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner. On the basis of case diary, he further submits that the petitioner has confessed his guilt and narrated the occurrence which is evident from paragraph-17 of the case diary.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st, Class, Arwal in connection with Parasi P.S. Case No. 62 of 2020 with 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 canceled by the Court below.

Patna High Court CR. MISC. No.33009 of 2021(3) dt.30-11-2021 3/3

(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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T