Allowed

Megho Paswan v. The State of Bihar

Patna HC22 Mar 2023CR. MISC./4742/2023

Case brief

AI extract

What is this about?

In a bail application under Cr. Misc. No. 4742 of 2023, the Patna High Court granted regular bail to the petitioner in a case involving offences under Section 394 IPC and Section 27 of the Arms Act. The court noted the accused had been in custody for an extended period and that prosecution witnesses had failed to appear despite summons.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount under specific conditions.

Megho Paswan Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4742 of 2023

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Arising Out of PS. Case No.-129 Year-2021 Thana- PURAINI District- Madhepura

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======================================================

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MEGHO PASWAN Son of Ram Chandra Paswan @ Budho Paswan @ Budhu Paswan Resident of Village- Ganeshpur, P.S.- Puraini, DistrictMadhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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4 22-03-2023

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Let the defect(s), if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

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Heard learned counsel for the petitioner and the learned APP for the State.

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Petitioner seeks regular bail in connection with Puraini P.S. Case No.129 of 2021 registered for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

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As per the prosecution, the accused persons riding on a motorcycle first dashed their motorcycle against the motorcycle of the informant, owing to that dash the informant

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Patna High Court CR. MISC. No.4742 of 2023(4) dt.22-03-2023 2/4

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fell down and then the accused persons tried to snatch the informant’s bag which was protested by the informant and thereafter the accused persons fired at the informant and one coaccused Jayjay Sahni was identified by the informant and the other co-accused had his face covered at that time.

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The main submissions advanced by the learned counsel for the petitioner are that the petitioner earlier preferred Cr. Misc. No.5848 of 2022 for the relief of Regular Bail which was rejected by this Court and thereafter mainly on two new grounds, the petitioner has again come before this Court for the same relief and the first ground is that after the rejection of petitioner’s earlier prayer, co-accused Jayjay Ram Sahani @ Jayjay Sahni who is named in the FIR and carrying specific allegation of firing at the informant has been granted Regular Bail by a Co-ordinate Bench of this Court vide order passed in Cr. Misc. No.30879 of 2022 and the name of this petitioner transpired in the alleged crime in the statement of said coaccused and the second ground is petitioner’s long custody period as he has been languishing in jail since 23.09.2021.

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Learned APP appearing for the State has opposed the bail prayer.

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In view of the facts, as stated above, and mainly

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Patna High Court CR. MISC. No.4742 of 2023(4) dt.22-03-2023 3/4

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considering the above-mentioned fresh grounds and also the fact that as per the report sent by the trial Court, the charges have been framed upon the petitioner on 08.02.2022 and the processes for appearance of the prosecution witnesses have also been issued but till now no prosecution witness has turned up which shows the lingering attitude of the prosecution in concluding the petitioner’s trial, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner 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 the concerned Court in connection with Puraini P.S. Case No.129 of 2021 on the following conditions:-

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(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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(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.

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Patna High Court CR. MISC. No.4742 of 2023(4) dt.22-03-2023 4/4

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(3) One of the bailers shall be a close relative of the

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petitioner who has sworn affidavit in this miscellaneous petition.

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(Shailendra Singh, J)

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sangam/-

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U T

Megho Paswan v. The State of Bihar

Case brief

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Megho Paswan v. The State of Bihar

Case brief

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