Arjun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13428 of 2019 Arising Out of PS. Case No.-543 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Arjun Paswan, Aged about 65 years, M, Son of Late Mangal Paswan, Resident of Village - Kanairi, P.S.- Jagdishpur, District - Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 353, 332, 333, 152 and 186 of the Indian Penal Code registered in connection with Jagdishpur P.S. Case No. 543 of 2018.

3. It is submitted that the petitioner has been falsely implicated as the first information report is against four named persons and 8-10 unknown persons. No specific accusation of assault has been made against the petitioner and there is general and omnibus accusation against all the accused persons. There is no injury report on record to suggest that the injury has been sustained by anyone. FIR has been instituted as backlash to earlier Complaint Case No. 523 of 2016 filed by the daughter-in-law of the petitioner against Chowkidar Karu Paswan (Annexure-2). The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court CR. MISC. No.13428 of 2019(2) dt.06-03-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 543 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 shall be a close relative of the petitioner.

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

(iii) That the petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J) U T