Sintu Kumar Paswan @ Sintu Kr Paswan @ Sintoo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73106 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- FALKA District- Katihar ====================================================== Sintu Kumar Paswan @ Sintu Kr Paswan @ Sintoo Paswan S/o Late Brahmdeo Paswan R/v- Phuldobhi, P.S.- Falka, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Advocate Mr. Manish Kumar Singh, Advocate Ms. Akrity Aishwarya, Advocate Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Falka P.S. Case No. 77/2022 registered for the offence punishable under Section 302 / 34 of the Indian Penal Code. As per the prosecution, the son of the informant was taken away by the accused persons including the petitioner who was subjected to assault. He was taken back to house where he was found dead.

Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.73106 of 2022(2) dt.29-04-2023 2/3 petitioner has no criminal antecedent and is innocent, committed no offence and has falsely been implicated in this case. There is no specific allegation against the petitioner and there is no evidence against him.

The petitioner has surrendered before the court below on 19.10.2022 and since then he is in judicial custody. The coaccused Pramod Das has been granted bail by Co-ordinate Bench of this Court vide order dated 17.02.2023 in Criminal Miscellaneous Case No. 49395 of 2022.

Learned Additional Public Prosecutor appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and considering the submission of the learned Counsel for the parties, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned concerned Court in connection with Falka P.S. Case No. 77/2022 subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present

Patna High Court CR. MISC. No.73106 of 2022(2) dt.29-04-2023 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Sunil Dutta Mishra, J) saurabhkr/- U T