Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45570 of 2019 Arising Out of PS. Case No.-84 Year-2017 Thana- UDWANTNAGAR District- Bhojpur ====================================================== JITENDRA PASWAN Son of Dhanlal Paswan @ Dhanlal Ram Resident of Village - Araura (Aroura), P.S.- Udawantnagar, District- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Uday Kumar, Advocate For the Opposite Party :

Mr.Surendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code on the allegation that he and other accused persons went to the house of the informant and indulged in marpit with him and looted some cash and articles from the house.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as civil case is going on between the parties. Petitioner is in custody since 26.4.2019 and Similarly situated co-accused Guddu Das has already been allowed bail by a bench of this Court vide order dated 28.8.2018, passed in Cr.Mis.No. 46059 of 2018. In view of the facts and circumstances of the case,

Patna High Court CR. MISC. No.45570 of 2019(3) dt.20-09-2019 2/2 prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 the Chief Judicial Magistrate, Bhojpur at Ara in Udwantnagar Police Station Case No. 84 of 2017 on the following conditions:-

(1) 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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T