Laxaman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66030 of 2021 Arising Out of PS. Case No.-215 Year-2012 Thana- BAKHTIYARPUR District- Patna ====================================================== Laxaman Paswan Son of Dwarika Paswan Resident of Village- Naya Tola Sangatpar, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmod Kumar, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No. 215 of 2012 registered for the offence under Section 307 of the Indian Penal Code and 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 03.02.2020.

The allegation against the petitioner is to misuse the privilege of bail, and for the same reason his bail bond was cancelled by the learned Trial Court on 13.03.2018, whereafter petitioner was arrested after three (3) years and since then he is

Patna High Court CR. MISC. No.66030 of 2021(4) dt.19-11-2022 2/3 in custody.

Learned counsel appearing on behalf of the petitioner submitted that present is the first misuse of bail by the petitioner, which is neither intentional nor deliberate, as he was out of state in connection with his livelihood and for the same reason he was absent on the date of hearing. It is submitted that present is the first misuse of the petitioner and he undertakes to be remain present on each and every date of hearing as of now. It is further submitted that since last one year, the matter is pending for examination of remaining witnesses, despite all best efforts by learned Trial Court and, as such, petitioner cannot be remained behind the bar for indefinite period. Learned APP, while opposing the prayer of bail, fairly conceded the fact that it is a case of misuse of privilege of bail.

In view of the facts and circumstances as mentioned above, as present is the first misuse of bail by the petitioner, where he is in custody since 03.02.2020 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bakhtiyarpur P.S. Case No. 215 of 2012 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.66030 of 2021(4) dt.19-11-2022 3/3 District & Sessions Judge-IV, Barh/concerned court, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be deponent of the present bail petition."

(Chandra Shekhar Jha, J) R.S.Sen/- U T