Heera Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37889 of 2021 Arising Out of PS. Case No.-200 Year-2019 Thana- JHANJHARPUR District- Madhubani ====================================================== HEERA KUMAR PASWAN S/o Makhi Lal Paswan R/O Village - Belmohan, P.S.- Phulparas, District - Madhubani.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Ms. Kumari Shubham, Advocate.

For the State :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 14-12-2021 The applicant/accused in Crime No.200 of 2019 registered with Police Station-Jhanjharpur for the offences punishable under Sections 399, 400 and 402 of the Indian Penal Code, by this application is seeking his release on bail during the pendency of the trial.

The applicant is behind the bars from 23.11.2019. Heard both sides.

Perused the F.I.R. as well as the materials placed before me.

It is pointed out that co-accused Mithun Kumar with similar allegation is already directed to be released on bail by the coordinate Bench of this Court vide order dated 25.10.2021 passed in Criminal Misc. No.19203 of 2021.

The applicant was apprehended by the villagers as he and

Patna High Court CR. MISC. No.37889 of 2021(2) dt.14-12-2021 2/3 other co-accused had gathered with intention to commit dacoity. The investigation of the crime in question is already over. The co-accused is already released on bail by the coordinate Bench of this Court. Therefore, the following orders: (i). The application is allowed.

(ii). The applicant/accused in Crime No.200 of 2019 registered with Police Station-Jhanjharpur for the offences punishable under Sections 399, 400 and 402 of the Indian Penal Code, be released on bail on executing P.R. bond of Rs.20000/- (Rupees Twenty Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions:

(I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

(II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State

Patna High Court CR. MISC. No.37889 of 2021(2) dt.14-12-2021 3/3 is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused. (A. M. Badar, J) P.S./- U T