Munna Paswan @ Muna Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41836 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- MURLIGANJ District- Madhepura ====================================================== 1.
MUNNA PASWAN @ MUNA PASWAN, aged about 40, Gender-Male, Son of Late Nago Paswan @ Nageshwar Paswan 2.
Vakil Paswan. Aged about 38 years, Gender, Male, Son of Late Rajendra Paswan Both are Resident of Village- Haripurkala, P.S. Murliganj, DistrictMadhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-07-2019 Heard learned counsel for the parties.
Earlier the bail of the petitioner was rejected vide order dated 14.12.2018 passed in Criminal Miscellaneous No. 66313 of 2018 with liberty to renew their prayer for bail after completing one year of Jail custody.
Petitioners seek bail in Murliganj P.S. Case No. 206 of 2018 registered for the offence punishable under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioners is of firing upon the husband of the Informant, who succumbed to his injuries. It has been submitted on behalf of the petitioners that
Patna High Court CR. MISC. No.41836 of 2019(2) dt.24-07-2019 2/3 they are innocent and have been falsely implicated in this case . It has been further submitted that five witnesses have been examined in this case but they have not supported the prosecution version. There is no eye witness to the said occurrence. Petitioners are in custody since 11.06.2018 and they have completed more than one year of Jail custody. Petitioners have got no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Murliganj P.S. Case No. 206 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners 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 the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioners tampers with the evidence or
Patna High Court CR. MISC. No.41836 of 2019(2) dt.24-07-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) ranjan/- U