Munarik Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32997 of 2017 Arising Out of PS.Case No. -220 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Munarik Paswan Son of Shri Mishri Paswan Resident of Village - Maksudanpur Taj, P.S. Mahua, District - Vaishali. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Subodh Prasad, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.04.2017 in connection with Mahua P.S. Case No. 220 of 2016 for the offences alleged under Sections 147, 148, 149, 302, 307, 337, 338, 427 and 342 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the accusations have been made against as many as 17 persons including the petitioner as named in the F.I.R. Similarly situated co-accused Chandan Paswan, Ajay Paswan and Pintu Paswan have been granted anticipatory bail by this Court in Cr. Misc. No. 3010 of 2017, Cr. Misc. No. 52630 of 2016 and Cr. Misc. No. 2289 of 2017 respectively, while other co-accused Santu Paswan, Kailash Paswan and Umesh Paswan have also been granted bail by this Court in Cr. Misc. No. 36011 of 2016,and Cr. Misc. No. 16297 of 2017 respectively. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.32997 of 2017 (2) dt.20-07-2017 2/2 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 220 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T