Meghnath Paswan @ Meghanath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60435 of 2021 Arising Out of PS. Case No.-171 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== MEGHNATH PASWAN @ MEGHANATH PASWAN Son of Hira Paswan Resident of Village - Bel Mohan, P.s.- Phulparas, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-02-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with S.T. No. 91 of 2021 arising out of Laukaha P.S. Case No. 171 of 2019 registered for the offence under Sections 395 and 397 of the Indian Penal Code and Section 3/4 of the Explosive Substance Act.

The allegation in the F.I.R. as per the informant is that ten unknown miscreants committed dacoity and looted ornaments worth of Rs. 1,65,000/- from female members of the family and exploded a bomb causing serious injury to the nephew

Patna High Court CR. MISC. No.60435 of 2021(2) dt.11-02-2022 2/3 of the informant.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has been made accused in this case merely on the basis of confessional statement of the co-accused, namely, Hira Paswan. Save and except the confessional statement of the co-accused, no cogent material has come during course of investigation against the petitioner. Moreover, nothing has been recovered from the possession of the petitioner nor T.I.P. has been conducted by the prosecution as yet. Moreover, the co-accused, namely, Mithun Paswan, has already been granted bail by a co-ordinate Bench of this Court vide order dated 02.08.2021 passed in Cr. Misc. No. 9895 of 2021. The petitioner is rotting in judicial custody since 24.04.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries thirteen cases other than the present one.

Considering the facts and circumstances of the case, 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 learned Additional Sessions Judge, Jhanjharpur, Madhubani in connection with S.T. No. 91 of 2021 arising out of Laukaha P.S. Case No. 171 of 2019 with the following conditions:-

Patna High Court CR. MISC. No.60435 of 2021(2) dt.11-02-2022 3/3

(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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T