Mithun Paswan @ Mithu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69596 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- SAKSOHRA District- Patna ====================================================== Mithun Paswan @ Mithu Paswan, Son of Shiv Shankar Paswan R/o village - Andauli, P.S.- Saksohara, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Saksohara P.S. Case No. 86 of 2023, lodged on 26.07.2023 under Sections 323, 341, 307, 337, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against 5 named accused persons including the present petitioner and the specific allegation against the present petitioner is that he has alleged to have assaulted the informant's brother by lathi on his head, due to which he suffered head injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He also
Patna High Court CR. MISC. No.69596 of 2023(2) dt.01-11-2023 2/3 submits that the cause of dispute as contained in the FIR is due to grazing of buffallo in the agricultural field of the petitioner. He further submits that the antecedent of the petitioner is clean and he is in custody since 02.08.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Barh in connection with Saksohara P.S. Case No. 86 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.69596 of 2023(2) dt.01-11-2023 3/3 police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T