Patna High CourtCR. MISC./86410/2023bail granted

Faggu Paswan v. The State Of Bihar

2024-02-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86410 of 2023 Arising Out of PS. Case No.-65 Year-2019 Thana- BELCHHI District- Patna ====================================================== FAGGU PASWAN S/O LATE GULAB PASWAN R/O VILLAGE- BELCHI, P.O AND P.S- BELCHI, BARH, DISTT.- PATNA.

... ... Petitioner/s

Versus

The State of Bihar 2.

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

For the Petitioner/s :

Mr. Satya Ranjan Sinha For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-02-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner has renewed his prayer for bail in connection with Belchi Police Station Case No. 65 of 2019 registered under sections 147, 148, 149, 341 323, 325, 307, 302, 379, 504 of the Indian Penal Code.

3. This is the third attempt for bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected vide order dated 25.03.2021 in Cr. Misc. No. 440076 of 2020 and vide order dated 20.04.2022 passed in Criminal Miscellaneous No. 9057 of 2022.

4. As per the prosecution case, the petitioner assaulted the

Patna High Court CR. MISC. No.86410 of 2023(3) dt.23-02-2024 2/3 father-in-law of the informant by means of iron rod on his head along with co-accused Dillu Paswan due to which he died.

5. Learned counsel for the petitioner submits that while rejecting the bail application of the petitioner for the third time, this Court granted liberty to him to renew his prayer for bail after three months if the trial is not concluded. Referring to the supplementary affidavit filed today, learned counsel submits that order sheet, annexed at Annexure P3, shows that since 14.08.2023, the official witnesses have not been produced by the prosecution.

6. The petitioner is in custody since 18.03.2020.

7. Regards being had to the submissions made by the parties and taking into consideration the fact that the trial has not concluded within three months and the witnesses have not been produced by the prosecution from the date of last rejection of the bail application of the petitioner and the period of custody of the petitioner since 18.03.2020, I am inclined to grant bail to the petitioner.

8. Let the petitioner, Faggu Paswan, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of

Patna High Court CR. MISC. No.86410 of 2023(3) dt.23-02-2024 3/3 learned Additional District & Sessions Judge-V, Barh, District Patna, in connection to the Belchi Police Station Case No. 65 of 2019.

9. This is subject to the condition that the petitioners shall present themselves before the Court, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J) HarshPandey/- U T