Mahesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1330 of 2022 Arising Out of PS. Case No.-135 Year-2014 Thana- MADANPUR District- Aurangabad ====================================================== MAHESH PASWAN Son of Jimdar Paswan, Resident of Village- Chilmi Tole Koiri Bigha, P.S.- Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Rupa Kumari, Advocate For the Opposite Party/s :

Ms.Rina Sinha Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Madanpur P.S. Case No. 135 of 2014 registered for offence punishable under sections 147, 148, 149, 341, 504, 337, 323, 353, 427 of the Indian Penal Code and section 17 of C.L.A. Act. As per allegation, the petitioner was one of the thousand extremists, who attacked the C.R.P.F. camp and attempted to break the door of camp and started pelting stones.

The learned counsel for the petitioner has submitted that on similar allegation, co-accused Guddu Kumar and Dukhi Singh Bhokta @ Dukhi Singh have been granted bail by the coordinate Benches of this Court in Cr. Misc. No. 18215 of 2019 and Cr. Misc.

Patna High Court CR. MISC. No.1330 of 2022(2) dt.01-06-2022 2/2 No. 601 of 2018 respectively. The petitioner is under custody since 26.10.2021.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 135 of 2014, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) Mahesh/- U T