Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9747 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Mukesh Paswan Male, aged about 36 years, Son Of Mishar Paswan Resident Of Village- Ganoura Badarpur, Police Station- Madhusudanpur, District, Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Mojahidpur (Babarganj) P.S. Case No. 119 of 2020, registered for the offence under Sections 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, all the F.I.R. named accused persons, armed with deadly weapons, committed the murder of son of informant.

Petitioner is not named in the F.I.R. Name of the petitioner has come during course of investigation. Only fact, which has come against the petitioner, is that he played the role of liner in the occurrence. Petitioner has got clean antecedent and he is in custody since 15.06.2020.

Patna High Court CR. MISC. No.9747 of 2021(3) dt.24-06-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioner is allowed. 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 Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 119 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled 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."

(Prabhat Kumar Singh, J.) anay U T