Ram Pukar Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3621 of 2019 Arising Out of PS. Case No.-848 Year-2018 Thana- FORBESGANJ District- Araria ======================================================
1. Ram Pukar Paswan s/o.Chandra Lal Paswan r/o. Village - Gandhi Tola, Manihari, P.S. Manihari, Dist. Katihar
2. Munni Devi, wife of Ram Pukar Paswan r/o. Village - Gandhi Tola, Manihari, P.S. Manihari, Dist. Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 406/420/34 IPC registered in connection with Forbesganj P.S. Case No. 848 of 2018.
3. It is submitted that the petitioners have received money from the informant on the promise made by co-accuse Raju Baitha for arranging employment as Railway T.T.E. to the informant. Out of the total amount of Rs. 1,90,000/- only a sum of Rs. 45,000/- has been refunded to the informant. It is submitted that the petitioners are in no way connected with the Railway and in any event it is improbable that the informant would have advanced money to the petitioners for illegal object. There is considerable delay in institution of the FIR on 03.11.2018 for alleged transaction of some time in the year 2015. The petitioners claim clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)
Patna High Court Cr.Misc. No.3621 of 2019(2) dt.25-01-2019 2/2 each with two sureties of like amount each to the satisfaction of learned CJM, Araria in connection with Forbesganj P.S. Case No. 848 of 2018. subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason,their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U