Pramod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42899 of 2021 Arising Out of PS. Case No.-245 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== PRAMOD PASWAN S/O DOMAN PASWAN R/O VILLAGE-PAHARPUR, P.S. AND DISTRICT-VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Bela Singh,Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 245 of 2018 for the offence registered under Sections 302/120B of the Indian Penal Code. The informant and his sister are stated to be travelling on a motorcycle and on the way some unknown miscreants had shot the sister of the informant from behind. Subsequently, during the course of investigation, the name of the petitioner has transpired in the present case and he is stated to be the person who was following the deceased for the purposes of tracing the location of the deceased and informing his accomplices, who had shot dead the deceased sister of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.42899 of 2021(2) dt.14-02-2022 2/3 present case and he is languishing in custody since 29.09.2020. The learned counsel for the petitioner has further submitted that the co-accused persons have already been granted bail by coordinate Benches of this Court vide order dated 12.09.2018 passed in Criminal Misc. No. 45794 of 2018, order dated 06.10.2018 passed in Criminal Misc. No. 59723 of 2018, order dated 01.11.2018 passed in Criminal Misc. No. 65179 of 2018, order dated 02.11.2018 passed in Criminal Misc. No. 63915 of 2018, order dated 15.01.2019 passed in Criminal Misc. No. 77202 of 2018 and order dated 17.04.2021 passed in Criminal Misc. No. 7014 of 2020.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the co-accused persons who have already been granted bail by coordinate Benches of this Court apart from the fact that the petitioner is languishing in custody since 29.09.2020, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed

Patna High Court CR. MISC. No.42899 of 2021(2) dt.14-02-2022 3/3 to 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 A.C.J.M.-IX, Vaishali in connection with Hajipur Sadar P.S. Case No. 245 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T