Uday Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3429 of 2020 Arising Out of PS. Case No.-157 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== 1.

Uday Paswan Son of Late Agamlal Paswan Resident of Village- Gamharia, P.S.- Raghopur, District- Supaul.

2.

Sandeep Paswan Son of Uday Paswan Resident of Village- Gamharia, P.S.- Raghopur, District- Supaul.

3.

Arun Paswan Son of Late Narain Paswan Resident of Village- Gamharia, P.S.- Raghopur, District- Supaul.

4.

Tilanand Paswan Son of Late Narain Paswan Resident of Village- Gamharia, P.S.- Raghopur, District- Supaul.

5.

Sudhir Paswan Son of Late Ghuran Paswan Resident of Village- Gamharia, P.S.- Raghopur, District- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Raghopur P.S. Case No. 157 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379, 504 and 506 of the Indian Penal Code. It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case and no incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.3429 of 2020(2) dt.29-02-2020 2/3 the petitioners. It is further submitted that earlier a case being Raghopur P.S. Case No. 151 of 2019 has been filed by the petitioner no.1 against husband and sons of the informant. It is further submitted that the specific allegation of assault by Dabia is against co-accused Subodh and by a Khanti is against coaccused Saroj Paswan. It is further submitted that there is a case and counter case between the parties and both sides have sustained injuries. Petitioners have got no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest or surrender before the court below within a period of six weeks from today, let the above named petitioners be enlarge on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Birpur (Supaul) in connection with Raghopur P.S. Case No. 157 of 2019 on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court

Patna High Court CR. MISC. No.3429 of 2020(2) dt.29-02-2020 3/3 below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) mdrashid/- U T