Munarik Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79586 of 2018 Arising Out of PS. Case No.-222 Year-2010 Thana- HILSA District- Nalanda ====================================================== Munarik Paswan son of Sita Ram Paswan, Resident of Vilage - Banshi Bigha, Police Station- Hilsa, Distt- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Hilsa P.S. Case No.222 of 2010 corresponding to Session Trial No. 416 of 2011 registered for the offence punishable under Sections 302, 328 and 34 of the Indian Penal Code.

Informant has alleged that his brother runs a grocery shop and on 18.06.2010 went to his shop and thereafter did not return in the night. In the morning when he went to shop he found his brother lying dead on the floor. He has suspected that he had an altercation with Babloo Paswan and Munarik Paswan (petitioner) in the evening and they may have committed the murder.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion and except suspicion there is nothing against the

Patna High Court Cr.Misc. No.79586 of 2018(3) dt.11-02-2019 2/2 petitioner. It has further been submitted that similarly placed co-accused, Babloo Paswan, has been granted bail by a coordinate Bench of this Court in Cr. Misc. No.14417 of 2011 vide order dated 18.07.2011. Petitioner has got no criminal antecedent and is in custody since 05.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Hisla (Nalanda), in connection with Hilsa P.S. Case No.222 of 2010 corresponding to Session Trial No. 416 of 2011, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

(S. Kumar, J) sudha/manojU T