Patna High Court - OrdersMithilesh Paswan @ Mithlesh Paswan vs The State Of Bihar on 8 February, 2017Author:Vinod Kumar SinhaBench:Vinod Kumar SinhaIN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.2790 of 2017
                    Arising Out of PS.Case No. -173 Year- 2016 Thana -BIHARIGANJ District- MADHEPURA
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                 Mithilesh Paswan @ Mithlesh Paswan, Son of Ghamandi Paswan, Resident
                 of Village - Kusthan, P.S. Bihariganj, District -Madhepura.
                                                                         .... .... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    .... .... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s        :   Mr. N.K. Singh
                 For the Opposite Party/s    : Mr. Sri Pranav Kumar
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                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

2   08-02-2017The petitioner is in custody since 22.11.2016 in

                 connection with Bihariganj P.S. Case No. 173 of 2016 registered

                 for offences punishable underSections 147,148,149,341,323,337,332,333,353,427,156,295and295(A)of the Indian Penal

                 Code.It has been submitted on behalf of the petitioner that the

                 petitioner's name has surfaced in this case only on the basis of

                 suspicion and the only allegation that at best can be levelled is that

                 he was the member of unlawful assembly. It has further been

                 submitted that other co-accused persons having similar allegation

                 have already been granted bail by this Court vide order dated

                 07.12.2016 passed in Criminal Miscellaneous No. 52712 of 2016

                 and the petitioner has been in judicial custody since 22.11.2016.Heard learned A.P.P. also.Having heard both sides, considering the facts and

                 circumstances of the case, nature of offence and also that other co-

                 accused persons have already been granted bail by this Court, letPatna High Court Cr.Misc. No.2790 of 2017 (2) dt.08-02-20172/2the petitioner above named, be released on bail on furnishing bail

                       bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two

                       sureties of the like amount each to the satisfaction of Shri Pradip

                       Kumar learned Judicial Magistrate -1st Class, Udakishunganj,

                       District - Madhepura, in connection with Bihariganj P.S. Case No.

                       173 of 2016, subject to the following conditions:-(i)              One of the bailors of the petitioner shall be a

                                                    local person having sufficient immovable

                                                    property within the jurisdiction of the

                                                    concerned Court.(ii)             The petitioner will not induce any witness or

                                                    tamper with the evidence.(iii)            The petitioner shall cooperate in the disposal

                                                    of trial and make himself available as and

                                                    when required by the court and on the event

                                                    of failure on his part to appear before the

                                                    court below on two consecutive dates

                                                    without showing any genuine reasons, the

                                                    prosecution is free to move for cancellation

                                                    of his bail.(Vinod Kumar Sinha, J)

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