Shivchan Paswan @ Shivchand Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6339 of 2019 Arising Out of PS. Case No.-348 Year-2018 Thana- CHANPATIA District- West Champaran ======================================================
1. Shivchan Paswan @ Shivchand Paswan, son of Mohan Paswan
2. Bullet Paswan, s/o. Shivchand Paswan @ Shivchan Paswan
3. Ramesh Paswan, s/o. Shivchan Paswan @ Shivchand Paswan.
4. Mulchan Paswan @ Mulchand Paswan, s/o. Mohan Paswan
5. Surendra Paswan, s/o. Brijhan Paswan
6. Krishna Paswan s/o. Mangani Paswan All Resident of Village-Mahna Musahari Tola, Chanpatiya, P.S. and DistrictWest Champaran.
7. Ishwar Ram, son of Moti Ram Resident of Village- Mahna Kuli, Chanpatiya, P.S.- District- west Champaran.
8. Belas Ram, son of Chanchal Ram, Resident of Village Pokhra Tola Lagunaha , Chanpatiya, P.S. District- Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-02-2019 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, 148, 149, 323, 324, 307, 353, 188, 337, 338, 427, 341, 342, 504 IPC registered in connection with Chanpatiya P.S. Case No. 348 of 2018.
3. It is submitted that the petitioners have been falsely implicated and the FIR has been instituted against as many as 32 named and 200 unknown persons. The accusations are general and omnibus in nature and no overt act has been assigned to the petitioner. There is no injury report on record to corroborate the allegation of assault. 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.6339 of 2019(2) dt.05-02-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM V, West Champaran at Bettiah, in connection with Chanpatiya P.S. Case No. 348 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 T