Tinku Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31493 of 2019 Arising Out of PS. Case No.-169 Year-2017 Thana- MAHESHKHUNT District- Khagaria ====================================================== Tinku Paswan, aged about 24 years (Male), Son of Late Ramrup Paswan, Resident of Village - Madarpur, P.S.- Maheshkhunt, District- Khagaria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Viveka Nandsingh, Adv.
For the Opposite Party :
Mr.Kalyan Shankar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-08-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 302, 201 of the Indian Penal Code.
Informant is the widow of deceased, who in her written complaint has stated that her late husband used to reside in Gujrat where he used to work. On 20.11.2017 he came back along with one person and told that he has to go to Maheshkhunt to bring medicine but medicine was not available and she returned back however her husband did not come back and after three days after search being made the dead body of her husband was recovered. During investigation police found the involvement of informant (wife) for hatching conspiracy to kill her husband in association with one Kishor Paswan and
Patna High Court CR. MISC. No.31493 of 2019(3) dt.17-08-2019 2/3 petitioner.
It has been submitted on behalf of the petitioner that except the mobile SIM which was in the name of petitioner and was recovered from the possession of Kishor Paswan and confession, there is no any other incriminating material against him. Kishor Paswan has already been granted bail by this court vide order dated 04.04.2019 passed in Cr. Misc. No. 12208 of 2019. Petitioner is in custody since 10.08.2018 having no criminal antecedent.
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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned I/c Sessions Judge, Khagaria, in connection with Sessions Trial No. 01 of 2019 arising out of Maheshkhunt P.S. Case No. 169 of 2017, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the
Patna High Court CR. MISC. No.31493 of 2019(3) dt.17-08-2019 3/3 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) Rajiv/- U