Patna High CourtCR. MISC./74062/2023allowed

Mohan Paswan v. The State Of Bihar

2023-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74062 of 2023 Arising Out of PS. Case No.-32 Year-2021 Thana- PURNAHYA District- Sheohar ====================================================== MOHAN PASWAN Son of Late Gena Paswan R/o vill - Barahi Jagdish (Barahi Mohan), P.S. - Purnahia, Distt. - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 323, 325, 34, 341, 379, 447, 448, 504 of the Indian Penal Code.

3. It is a case of misuse of the privilege of bail by the petitioner. The present case was registered in year of 2021 thereafter, the petitioner was enlarged on bail by court below but due to his non-appearance in trial, his bail bond was cancelled by concerned court on 24.8.2023.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is submitted vide para 10 of the petition that the date for framing of charge has been fixed

Patna High Court CR. MISC. No.74062 of 2023(2) dt.02-12-2023 2/2 on 24.8.2023 but no Pairbi has been made on behalf of the petitioner. There is no deliberate act done by the petitioner behind his non-appearance in the lower court. The petitioner has got no criminal antecedent and languishing in judicial custody since 20.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Purnahia P.S. Case No. 32 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge Sheohar.

(Sunil Kumar Panwar, J) Amandeep/- U T