Jagat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48262 of 2021 Arising Out of PS. Case No.-217 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== JAGAT PASWAN S/O BELI PASWAN R/o village- Nayanagar, P.S.- Hasanpur, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Satyanand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Sessions Trial No. 110 of 2021 arising out of Hasanpur P.S. Case No. 217 of 2019 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code 1860. From the First Information Report it appears that on 23.10.2019 the husband of the informant had left his house in relation to some work in the Bank and did not return to his home. Upon enquiry, the informant came to know that the petitioner along with other accused persons had a quarrel, due to which, the petitioner and other accused persons brutally assaulted and killed the husband of the informant. On the next date the dead body of the informant's husband was found at

Patna High Court CR. MISC. No.48262 of 2021(3) dt.26-04-2022 2/3 Naya Nagar Bairya Road.

Learned counsel for the petitioner submits that the petitioner has been implicated in this case on the basis of suspicion and statement of hear-say witnesses. Learned counsel further submits that similarly situated co-accused person namely Botal Paswan @ Sri Paswan @ Kishun Paswan has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 25720 of 2020. The petitioner is in custody since 25.2.2021 having no criminal antecedent and charge sheet has already been submitted.

Regards being had to the submissions made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court, the petitioner is in custody since 25.2.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.48262 of 2021(3) dt.26-04-2022 3/3 (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge I, Rosera, Distt. Samastipur, in connection with Sessions Trial No. 110 of 2021 arising out of Hasanpur P.S. Case No. 217 of 2019. (Anil Kumar Sinha, J) S.Ali/- U T