Arjun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8953 of 2023 Arising Out of PS. Case No.-566 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Arjun Paswan Son Of Nathu Paswan, R/O Village- Krit Nawada, P.S.- Chandauti, District- Gaya 2.

Bhutali Paswan Son Of Nathu Paswan, R/O Village- Krit Nawada, P.S.- Chandauti, District- Gaya 3.

Santu Kumar @ Bhanta Son Of Awadhesh Paswan @ Bhola Paswan, R/O Village- Krit Nawada, P.S.- Chandauti, District- Gaya 4.

Shatrudhan Paswan @ Jhotaila @ Jhotail Son Of Krishna Paswan @ Krit Paswan, R/O Village- Krit Nawada, P.S.- Chandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Wazirganj P.S. Case No. 566 of 2020 lodged under Section 395 of the Indian Penal Code.

Learned counsel for the petitioners submits that the bail application of the petitioners has been rejected vide order dated 07.12.2022 passed in Cr. Misc. No. 41998 of 2022.

Patna High Court CR. MISC. No.8953 of 2023(2) dt.08-02-2023 2/3 Counsel further submits that the bail application of the petitioners was rejected with liberty to them that they may renew their prayer for bail after framing of charge. Counsel further submits that charge has been framed against the petitioners which is Annexure-3 to the present application. Learned counsel for the State also submits that from the record (Annexure-3), it transpires that charge has already been framed against the petitioners.

In this view of the matter, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Gaya in connection with Wazirganj P.S. Case No. 566 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioners shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of their bail bonds.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.8953 of 2023(2) dt.08-02-2023 3/3 petitioners.

C. The petitioners shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of their present bail bonds.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U