Sikandar Paswan@Sikindar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15329 of 2015 Arising Out of PS.Case No. -31 Year- 2010 Thana -BELSAND District- SITAMARHI ====================================================== SIKANDAR PASWAN@SIKINDAR PASWAN Son of Gudar Paswan resident of Village- Patahi, P.s Belsand, District Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Anish Chandra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 307, 395, 353 and some other allied offence under the Indian Penal Code as also under Section 27 of the Arms Act and section 17 of the Criminal Law Amendment Act.

Taking into consideration the fact that the petitioner is not named in the F.I.R., vide Annexure-1, as an accused, and he is in judicial custody since 25.09.2014 and further taking into consideration the fact that some other co-accused persons with almost identical and similar allegations have already been granted bail by different Benches of this Court vide order contained in Annexure-2 series, his prayer for bail is allowed. The petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Belsand P.S. Case No. 31 of 2010, subject to the conditions that: (A) One of the bailors must be a government servant or close family member of the petitioner, who

Patna High Court Cr.Misc. No.15329 of 2015 (2) dt.28-05-2015 2/2 will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Birendra Prasad Verma, J) BTiwary/- U T