Jhanjhar Paswan @ Jhanjha Paswan @ Jhanjho Paswan @ Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54268 of 2025 Arising Out of PS. Case No.-53 Year-2023 Thana- DANDARI District- Begusarai ====================================================== Jhanjhar Paswan @ Jhanjha Paswan @ Jhanjho Paswan @ Govind Kumar S/O Rambadan Paswan R/O Village- Shudharan, P.S.- Dandari, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Dandari P.S. Case No. 53 of 2023 arising out of S.T. No. 524 of 2025 registered for the offences punishable under Sections 302/34 of the IPC and Sections 66 (E), 67, 67(A) of I.T. Act.

3. As per prosecution case, petitioner along with other have concertedly committed the murder of informant's daughter by way of strangulation due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the earlier bail prayer of the present petitioner has already been rejected by this Court vide Cr. Misc. No. 13494 of 2024 on

2/4 19.07.2024 and in para 7 it has been observed that if trial is not concluded within nine months from the date of receipt/production of copy of this order, the petitioner may renew his prayer for bail. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner being a bhaisur of the deceased has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. He further submits that petitioner is in custody since 16.07.2023 and bears no criminal antecedent. He further submits that the period of custody undergone by the petitioner is more than two years. He further submits that pace of trial is very slow and delay of trial is not in any way attributable to the petitioner. Petitioner has been kept in pre-trial detention without any reason. Learned counsel further submits that after framing of charge no witness has been examined as yet. He further submits that the trial is not likely to be concluded in near future.

5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that earlier bail prayer of the present petitioner has already been rejected on merit by this Court vide Cr. Misc. No. 13494 of 2024 on 19.07.2024 but he conceded to the fact that petitioner

3/4 despite being in custody since 16.07.2023, not a single witness has been examined as yet.

6. In pursuance of the direction of this Court, the trial court vide letter no. 3220 dated 29.08.2025 has sent its report which reveals that no prosecution witness has been produced in this case.

7. Considering the facts and circumstances of the case, period of custody undergone by the petitioner which is more than two years, trial court report indicates that not an single witness has been examined, pace of trial is very slow and delay of trial is not attributable to the petitioner, trial is not likely to be concluded in near future, argument advanced on behalf of the both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge, Begusarai in connection with Dandari P.S. Case No. 53 of 2023 arising out of Sessions Trial No. 524 of 2025 subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

4/4 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on each and every date without fail and if he fails to do so the prosecution will be at liberty to move for cancellation of bail.

(iii) 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.

(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) vashudha/- U T