Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83930 of 2024 Arising Out of PS. Case No.-222 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Manoj Paswan S/o Late Bilas Paswan R/o Village- Malangwa, Ward No.3, P.S.- Malangwan, District- Sarlahi (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 222 of 2024 instituted for the offence under Sections 262, 263 & 132 of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that while the informant and other police forces were taking the petitioner and other co-accused to the court for their production in Sonbarsa P.S. Case No. 221 of 2024, they fled away with the handcuffs from police custody.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-08-2024. Petitioner

Patna High Court CR. MISC. No.83930 of 2024(2) dt.11-12-2024 2/3 bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner was previously arrested by the police on wrong pretext u/S 317(5) of the BNS, 2023, in which he was not concerned with the case. The petitioner had some scuffle on this point with the police personnel that is why he has been again made accused with wrong facts. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and nature of accusation, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonbarsa P.S. Case No. 222 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.83930 of 2024(2) dt.11-12-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T