Munchun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57807 of 2024 Arising Out of PS. Case No.-201 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Munchun Paswan S/O Gajendra Paswan Resident of village-Bhatahan, P.S. Shyampur Bhatahan, District-Sheohar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Taryani P.S. Case No. 201 of 2021 dated 19.08.2021 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. It is alleged that some unknown persons committed murder of son of the informant on account of previous enmity due to property dispute.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the F.I.R. has been lodged against
2/4 unknown accused persons. It is submitted that only on the basis of confessional statement of Anil Kumar Singh @ Anil Singh, the petitioner has been accused in this case. It is submitted that nothing has come in the investigation against the petitioner. It is submitted that petitioner has been made accused in this case only on the basis of his past criminal antecedents. It is submitted that Anil Kumar Singh @ Anil Singh has been granted bail vide order dated 21.06.2023 passed in Criminal Miscellaneous No. 5669 of 2023, Sanjay Sah has been granted bail vide order dated 10.05.2023 passed in Criminal Miscellaneous No. 60881 of 2022, Rajeev Ranjan and Deepak Kumar have been granted anticipatory bail vide order dated 22.06.2023 passed in Criminal Miscellaneous No.
1724 of 2023 and Sangita Kumari @ Sangita Devi has been granted anticipatory bail vide order dated 23.06.2023 passed in Criminal Miscellaneous No. 74869 of 2022 by different co-ordinate Benches of this Court. Lastly, it has been submitted that the petitioner is in custody since 31.08.2023, having eight criminal cases against him and charge-sheet has been submitted in the case.
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5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sehohar in connection with Taryani P.S. Case No. 201 of 2021, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
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4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner shall appear before the Police Station of his local area every fortnight to mark his attendance till conclusion of the trial.
(Khatim Reza, J) prabhat/- U T