Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45784 of 2019 Arising Out of PS. Case No.-43 Year-2017 Thana- IMAMGANJ District- Gaya ====================================================== Jitendra Paswan Son of Rajdeo Paswan Resident of Village - Bara, P.S.- Imamganj, District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. S. Jamil Akhtar, Advocate For the Opposite Party :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in connection with Imamganj P.S.Case No.43 of 2017 registered for an offence under Section 302 and other allied Sections of the Indian Penal Code.

As per prosecution case, the petitioner is members of group of Naxalites who committed murder of Kaushal Paswan, later on the dead body of deceased was found near river in Gareria Tari.

It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case merely on suspicion. Save and except suspicion, there is no eye witness to the alleged occurrence. It is also submitted that chargesheet has

Patna High Court CR. MISC. No.45784 of 2019(3) dt.25-09-2019 2/2 already been submitted and petitioner is in custody since 16.03.2019.

In view of the aforesaid facts, let the above named petitioner 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 Sri G.N.Dubey, Judicial Magistrate, Ist Class, Sherghati, District-Gaya in connection with Imamganj P.S.Case No.43 of 2017 with following conditions:- (i) Petitioner shall cooperate 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. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T