Meghnath Paswan @ Meghanath Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64162 of 2021 Arising Out of PS. Case No.-199 Year-2019 Thana- JHANJHARPUR District- Madhubani ====================================================== Meghnath Paswan @ Meghanath Paswan, Son of Hira Paswan Resident of Village - Bel Mohan, Police Station - Phulparas, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Jhanjharpur P.S. Case No. 199 of 2019 registered for the alleged offences under Sections 302, 201/34 and 120 (B) of the Indian Penal Code and Section 3/4/5/6 of Explosive Substance Act.
Allegedly, the petitioner and other co-accused persons were involved in the murder of father of the informant. The learned counsel for the petitioner submits that petitioner was not named in the FIR and his name surfaced in
Patna High Court CR. MISC. No.64162 of 2021(3) dt.04-07-2022 2/3 the confessional statement of the co-accused Heera Kumar Paswan, who has since been allowed bail vide order dated 10.01.2022 passed in Cr. Misc. No. 39035 of 2021. The other similarly placed co-accused persons, namely, Mithun Paswan and Mustakim have also been granted bail by a co-ordinate Bench of this Court vide order dated 13.12.2021 passed in Cr. Misc. No. 18680 of 2021 and Cr. Misc. No. 20886 of 2021 respectively. Learned counsel further submits that father of the informant died while making explosive and the petitioner has been roped in merely on suspicion in this case. Though the petitioner is having 13 cases pending against him, he is on bail in all such cases. In most of the cases, the petitioner was not named in the FIR. The charge sheet has been submitted and the petitioner is in custody since 06.02.2020.
Learned APP opposes the prayer for bail.
Having regard to the submissions made hereinabove and considering the fact that other co-accused persons have been allowed bail by a co-ordinate Benches of this Court and further considering the lack of substantive evidence against the petitioner on record along with period of his custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two
Patna High Court CR. MISC. No.64162 of 2021(3) dt.04-07-2022 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Jhanjharpur, Madhubani in connection with Jhanjharpur P.S. Case No. 199 of 2019, subject to the following conditions :
(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T