Dasrath Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4264 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- BAUSI District- Araria ======================================================

1. Dasrath Paswan (M) 55 years son of Late Madho Paswan

2. Santosh Paswan (M) 30 Years, son of Late Kameshwar Paswan

3. Lakhan Paswan (M) 28 years son of Dashrath Paswan

4. Dilip Paswan (M) 35 years son of late Kameshwar Paswan

5. Satrughan Paswan (M) 26 years son of Dashrath Paswan

6. Komal Paswan(M) 22 years son of Dashrath Paswan All are residents of Village- Tamghatti Ward no. 16, Police Station- Bausi, District -Araria ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Mukesh Kumar Rana, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 341, 323, 379, 354B, 504 and 506 of the Indian Penal Code registered in connection with Bausi P.S. Case No. 85 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the first information report has been instituted on 01.08.2018 belatedly for the alleged occurrence of 28.07.2018. No injury has been caused to the informant and Section 323 of the IPC has been invoked in that regard. No recovery of any incriminating articles has been made from their possession. Addition of Sections 379 and 354B of the IPC is only an embellishment. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.4264 of 2019(2) dt.28-01-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in connection with Bausi P.S. Case No. 85 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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. (iv) That the petitioners shall cooperate 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. (Vikash Jain, J) BT/Chandran U T