Mithilesh Paswan @ Mithlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2790 of 2017 Arising Out of PS.Case No. -173 Year- 2016 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Mithilesh Paswan @ Mithlesh Paswan, Son of Ghamandi Paswan, Resident of Village - Kusthan, P.S. Bihariganj, District -Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Singh For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 The petitioner is in custody since 22.11.2016 in connection with Bihariganj P.S. Case No. 173 of 2016 registered for offences punishable under Sections 147, 148, 149, 341, 323, 337, 332, 333, 353, 427, 156, 295 and 295(A) of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner's name has surfaced in this case only on the basis of suspicion and the only allegation that at best can be levelled is that he was the member of unlawful assembly. It has further been submitted that other co-accused persons having similar allegation have already been granted bail by this Court vide order dated 07.12.2016 passed in Criminal Miscellaneous No. 52712 of 2016 and the petitioner has been in judicial custody since 22.11.2016. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that other coaccused persons have already been granted bail by this Court, let

Patna High Court Cr.Misc. No.2790 of 2017 (2) dt.08-02-2017 2/2 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Shri Pradip Kumar learned Judicial Magistrate -1st Class, Udakishunganj, District - Madhepura, in connection with Bihariganj P.S. Case No. 173 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U