Hira Paswan @Hira Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28593 of 2022 Arising Out of PS. Case No.-171 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== HIRA PASWAN @HIRA KUMAR PASWAN Son of Makhilal Paswan @ hare Ram Paswan Resident of Village - Lohani, P.s.- Biraul, Distt.- Darbhanga, at Present Resident of Village - Bel Mohan, P.s.- Phulparas, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State through Video Conferencing. The petitioner has preferred this application for grant of regular bail in a case registered u/ss 395 and 397 of the Indian Penal Code and section 3⁄4 of Explosive Substance Act. As per the prosecution case, the informant has alleged that ten unknown miscreants looted ornaments worth about Rs. 1,65,000/- from his house and exploded a bomb causing severe injury to his nephew.

Patna High Court CR. MISC. No.28593 of 2022(2) dt.12-08-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Learned counsel for the petitioner has further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR and the petitioner was not put on T.I. Parade by the prosecution. The name of the petitioner has sprung up during the course of investigation. The chargesheet has been submitted against the petitioner. The co-accused has already been granted bail by a Coordinate Bench of this Court vide order dated 11.02.2022 passed in Cr. Misc. No. 60435 of 2021. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 08.11.2019.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 171 of 2019, with

Patna High Court CR. MISC. No.28593 of 2022(2) dt.12-08-2022 3/3 following conditions :-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T